Which of the following factors distinguishes a criminal homicide from a homicide?

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A criminal homicide requires the existence of a culpable mental state, meaning the perpetrator must have intended to cause death or serious injury or acted recklessly in a manner likely to cause death or serious injury. Without a culpable mental state, the homicide may still be considered a killing, but not necessarily a criminal one. Malice and attendant circumstances may also be factors in categorizing a homicide, but neither is a distinguishing factor between a criminal and non-criminal homicide. Deadly conduct by either the victim or the perpetrator may lead to a justifiable or excusable homicide, but it does not necessarily distinguish between criminal and non-criminal homicides.

Which of the Following Factors Distinguishes a Criminal Homicide from a Homicide