katydid23
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So the type of distraction makes it a crime? I don't understand.
To me, it seems criminally negligent, to be in charge of caring for a young child, but PURPOSELY creating a situation where you cannot safely do so.
If I knew my husband only had 2 or 3 hours of sleep, I would not want him driving my 2 yr old to school that morning.
Ross CHOSE to be distracted and overly tired that morning. He didn't need to be sexting until 3 am. He willingly did so, even though he was the adult responsible for a yr old child the next morning.
In my opinion, the TYPE of distraction absolutely affects whether it is criminal neglect or a tragic accident.
If the baby was teething and cried until 3 am, and so Ross stayed up with him, so he was really tired and distracted the next morning, and forgot to drop him off, and stressed about his job, then I don't think it would be seen as criminally negligent. It would be a tragic set of unforeseen circumstances.
If one is distracted by texting while driving, that is criminal negligence. If a driver is distracted by a snake that slithers out from under the drivers seat, that is an unforeseen, circumstance beyond their control.