{"id":372201,"date":"2016-03-31T21:34:46","date_gmt":"2016-04-01T02:34:46","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/criminal-laws\/involuntary-manslaughter.html"},"modified":"2026-04-27T09:26:20","modified_gmt":"2026-04-27T14:26:20","slug":"involuntary-manslaughter","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/criminal-laws\/involuntary-manslaughter.html","title":{"rendered":"State Involuntary Manslaughter Laws"},"content":{"rendered":"\n
\n
\n
\n \n State Involuntary Manslaughter Laws\n <\/h1>\n \n Learn about your state’s laws by using the links below.\n <\/p>\n <\/div>\n<\/div>\n\n\n
\n
\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

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
\n

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\n\n\n

Every state has specific statutes dealing with criminal homicide. The most severe of these crimes is murder, including first-degree murder<\/span><\/a> and second-degree murder<\/span>. Most states also recognize the lesser crime of manslaughter.<\/p>\n

In general, there are two types: voluntary manslaughter<\/span><\/a> and involuntary manslaughter<\/span>. The primary difference between manslaughter and murder has to do with intent and planning.<\/p>\n

In most jurisdictions, a first-degree murder<\/span> conviction requires that the state prove premeditation<\/span><\/a>, or planning. Most murder statutes also require that a defendant act with malice aforethought and have the specific intent to cause great bodily harm<\/span> or death. This differs from manslaughter.<\/p>\n

This article examines involuntary manslaughter<\/span>, including its elements, penalties, and possible defenses<\/a>. It also provides links to FindLaw articles on state-specific involuntary manslaughter<\/span> laws<\/span>.<\/p>\n

While not as serious as a murder charge<\/span>, manslaughter carries significant penalties. If you\u2019re currently facing involuntary manslaughter<\/span> charges, consider contacting an experienced criminal defense lawyer<\/span><\/a>.<\/p>\n

Overview of Involuntary Manslaughter<\/span> Laws<\/span><\/h2>\n

While a few states recognize only one type of manslaughter, most jurisdictions divide this offense into voluntary and involuntary manslaughter<\/span>. Involuntary manslaughter<\/span><\/a> is often defined as the unintentional killing<\/span> of another human being without planning or malice aforethought.<\/p>\n

Involuntary manslaughter<\/span> cases<\/span> usually involve a defendant who caused the death of another person<\/span> while either performing an unlawful act or killing someone while performing a lawful act<\/span> in a negligent or reckless manner<\/a>. For example, if a person drives under the influence<\/a> of drugs or alcohol and causes a fatal crash, they\u2019ll likely face charges of <\/span>involuntary manslaughter<\/span>. The same is true for someone who accidentally discharges a gun in a crowded room and kills another human being.<\/p>\n

Federal Involuntary Manslaughter<\/span> Laws<\/span><\/h2>\n

In addition to state-specific involuntary manslaughter<\/span> laws<\/span>, there are also federal manslaughter laws<\/a>. According to federal law, involuntary manslaughter<\/span> is the unlawful <\/span>killing<\/span> of a human being<\/span> without malice that occurs during the commission of an unlawful act<\/span> or a lawful act<\/span> that the defendant performs in a reckless or negligent way. The penalty for involuntary manslaughter<\/span> is up to eight years in federal prison and potential fines.<\/p>\n

Involuntary Manslaughter<\/span> vs. Voluntary Manslaughter<\/span><\/h2>\n

Most states divide manslaughter into voluntary and involuntary manslaughter<\/span>. With voluntary manslaughter<\/span>, the defendant commits an intentional killing, whereas involuntary manslaughter<\/span> involves the unintentional <\/span>killing<\/span> of another person<\/span>.<\/p>\n

Another key difference between these two offenses concerns the nature of the act itself. Voluntary manslaughter<\/span> cases usually involve a defendant who takes a human life<\/span> due to heat of passion<\/span> or provocation. With involuntary manslaughter<\/span> cases<\/span>, the victim\u2019s death<\/span> is the result of the defendant\u2019s criminal negligence<\/span> or recklessness.<\/p>\n

Penalties for Involuntary Manslaughter<\/span><\/h2>\n

A conviction for manslaughter under federal law carries up to eight years in prison plus fines. The penalties<\/a> for involuntary manslaughter<\/span> vary from state to state.<\/p>\n

Almost every state categorizes involuntary manslaughter<\/span> as a felony, which means that the minimum penalty is at least one year in jail or state prison<\/span>. However, each state writes its own sentencing guidelines, and judges have discretion when imposing prison sentences<\/span><\/a>.<\/p>\n

Some examples of state-specific penalties for involuntary manslaughter<\/span> include:<\/p>\n