{"id":371798,"date":"2016-03-31T21:34:29","date_gmt":"2016-04-01T02:34:29","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/california-law\/california-involuntary-manslaughter-laws.html"},"modified":"2025-07-10T16:50:10","modified_gmt":"2025-07-10T21:50:10","slug":"california-involuntary-manslaughter-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/california-law\/california-involuntary-manslaughter-laws.html","title":{"rendered":"California Involuntary Manslaughter Laws"},"content":{"rendered":"\n
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California Involuntary Manslaughter Laws<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

California involuntary manslaughter laws define the elements of involuntary manslaughter, the defenses to a charge, and penalties for involuntary manslaughter.<\/blockquote>\r\n

Homicide is the unlawful killing of a human being by another human being. Like most states, California law distinguishes between killing done with malice<\/b> or intent and killing that lacks intent. Involuntary manslaughter <\/b>is a reckless or accidental killing.<\/p>\r\n

California defines malice<\/a> as "a deliberate intention to take away the life" of another human being, also known as malice aforethought. With involuntary manslaughter<\/a>, this intention is absent.<\/p>\r\n

Involuntary manslaughter sits at the midpoint of the scale that runs from ordinary negligence to first-degree murder.<\/p>\r\n

Types of Manslaughter<\/b><\/h2>\r\n

In California, there are three types of manslaughter. All three begin with an unintentional killing<\/b>. Manslaughter can involve criminal negligence.<\/b> This is an act or failure to act reasonably when there is a legal duty. An otherwise lawful act can become manslaughter if the actor fails to behave reasonably and the death of another person results.<\/p>\r\n

Criminal negligence, or gross negligence<\/b>, is more than mere carelessness or recklessness. It is extreme disregard for safety that becomes criminal intent.<\/p>\r\n

Involuntary Manslaughter<\/b><\/h3>\r\n

California law defines involuntary manslaughter as the death of a human being during:<\/p>\r\n