State v. Beayon
In State v. Beayon, 158 Vt. 133, 605 A.2d 527 (1992), the Court held that an earlier version of 1091, which provided for prosecution of vehicular homicide, "required, at a minimum, a mens rea of criminal negligence." Id. at 136, 605 A.2d at 528.
There, the Court explained that, to prove criminal negligence under 1091, the State must show:
(1) the defendant disregarded a risk of injury or death, and (2) the risk was such that - considering the nature and purpose of the defendant's conduct and the circumstances known to him - the defendant's failure to perceive it was a gross deviation from the standard of care that a reasonable person would have exercised in the same situation. See id.