A McMinn County driver, allegedly impaired by drugs including methamphetamine, has been charged with first degree murder. The driver had two unrestrained child passengers, one of whom was killed. One of his charges was aggravated child neglect. Aggravated child neglect occurs when there is child neglect resulting in the death of a child under the age of eight. First degree (felony) murder occurs when aggravated child neglect results in death. No culpable mental state is required for a felony murder conviction.
The jury question in the case will probably be whether the failure to restrain a child is neglect.
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