Robert Weisberg, a criminal law professor at Stanford University, said Wu’s ruling was sensible for relying on other appellate opinions that found gross negligence was a required element for the similar crime of involuntary manslaughter, which is also the standard in California and many state courts.

He blamed Congress in part for writing the seaman’s manslaughter law in an “ad hoc and inconsistent” manner.

The two types of negligence are often viewed as whether someone should be slapped with civil damages or criminally punished for their behavior, Weisberg said.