She proceeded to drive her car in the direction of Lou's house. As she approached the house, she saw someone she thought was Lou walking on the sidewalk. Unfortunately, she was unable to control her car and she hit and immediately killed a pedestrian named Ellie. Lou was unharmed even though he was walking only a few feet behind Ellie and was barely missed by Cindy's car. A person is guilty of criminal homicide if he purposely, knowingly, recklessly or negligently causes the death of another human being.
Criminal homicide is murder, manslaughter or negligent homicide.
Such recklessness and indifference are presumed if the actor is engaged or is an accomplice in the commission of, or an attempt to commit, or flight after committing or attempting to commit robbery, rape or deviate sexual intercourse by force or threat of force, arson, burglary, kidnapping or felonious escape. Murder is a felony of the first degree punishable by any term of years up to life imprisonment in state's prison. The reasonableness of such explanation or excuse shall be determined from the viewpoint of a person in the actor's situation under the circumstances as he believes them to be. Manslaughter is a felony of the second degree, punishable by any term of years up to 20 years in state's prison. Criminal homicide constitutes negligent homicide when it is committed negligently.