Legal Question in Criminal Law in Minnesota

Re: fire death

This sounds like a terrible tragedy and I don't believe you will be satisfied with my answers, however there are many kinds of lawyers, and maybe someone who does more civil liability law will have a different answer, below are my thoughts.

It is highly unlikely that the 20 year old male could be held criminally liable for this behavior.

A civil law suit against him is a possibility, however it faces several large problems.

1. It will be difficult to connect the 20 year old male's conduct to the deaths, derailing a civil law suit.

2. A 20 year old male who is teaching a six year old to use a lighter is probably "judgment proof." Meaning he probably doesn't have any money to win in a law suit. A civil law suit would only be viable if there was an insurance company that could be brought into the law suit, but then you are back to problem #1.

Re: fire death by actions of another

Based upon the hypothetical facts presented here, I seriously doubt that the 20-year old male would be charged with a crime by a prosecutor. Simple negligence is not enough to amount to criminal intent. (Simple negligence, if it exists, could be a basis for a civil lawsuit for money damages however.) The least level of criminal intent is "Gross negligence" as in criminal vehicular homicide statutes, or "knowledge" as in criminal possession statutes. Gross negligence would require evidence of reckless disregard of others safety, which would include the idea of "foreseeability."

I cannot see "gross negligence" simply based upon the facts presented. In any event, the 20-year old male would best avoid making any statements to police, but seek legal counsel, and inform his insurance carrier(s) right away.