{"id":372218,"date":"2016-03-31T21:34:47","date_gmt":"2016-04-01T02:34:47","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/criminal-laws\/voluntary-manslaughter.html"},"modified":"2026-04-27T08:40:21","modified_gmt":"2026-04-27T13:40:21","slug":"voluntary-manslaughter","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/criminal-laws\/voluntary-manslaughter.html","title":{"rendered":"State Voluntary Manslaughter Laws"},"content":{"rendered":"\n
\n
\n
\n \n State Voluntary 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 reviewed\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

There are several types of homicide, including murder, manslaughter, and negligent homicide. Just as most states divide murder into degrees<\/a>, they also tend to divide manslaughter into two types: voluntary manslaughter<\/span> and involuntary manslaughter<\/span>.<\/p>\n

Voluntary manslaughter<\/span> laws<\/span><\/a> vary significantly from state to state, making them confusing for non-lawyers to understand. The good news is that the legal writers<\/span> at FindLaw<\/span> have done the research for you.<\/p>\n

In this article, you\u2019ll find information on state-specific voluntary manslaughter<\/span> laws<\/span>, including the definition, penalties, and defenses<\/a> to this crime. Click on the state where you live to find the FindLaw<\/span> page you\u2019re looking for.<\/p>\n

Overview of Voluntary Manslaughter<\/span><\/h2>\n

Almost every state recognizes the crimes of voluntary and involuntary manslaughter<\/span>. In general, manslaughter is a lesser crime than first-degree murder<\/span><\/a> and second-degree murder<\/span>. Therefore, the penalties for manslaughter are not as severe as they are for murder.<\/p>\n

Each state has its own definition of voluntary manslaughter<\/span>. The federal definition of this crime is slightly different from most state definitions. Under federal law<\/a>, voluntary manslaughter<\/span> is the unlawful killing<\/span> of another human being without malice, usually in response to the heat of passion<\/span> or a sudden quarrel<\/span>.<\/p>\n

Most states define voluntary manslaughter<\/span> as the intentional killing<\/span> of another person under the heat of passion<\/span> or in response to adequate provocation<\/span><\/a>. Planning, or premeditation<\/span>, is not a requirement for a voluntary manslaughter<\/span> conviction<\/span>. Nor is malice.<\/p>\n

State law often considers these criminal cases<\/span> as crimes of passion<\/span>. The state does not have to prove that the defendant had the intent to cause serious bodily harm<\/span><\/a> or death. They must only prove that the defendant intended to act the way they did.<\/p>\n

Voluntary Manslaughter<\/span> vs. First-Degree Murder<\/span><\/h2>\n

A voluntary manslaughter<\/span> charge<\/span> is quite different from a first-degree <\/span>murder<\/span> charge<\/span>. As stated above, in a first-degree murder<\/span> case, the state must prove that the defendant acted with malice aforethought<\/span> and premeditation<\/span><\/a>.<\/p>\n

In a voluntary <\/span>manslaughter<\/span> case<\/span>, this isn\u2019t necessary. The prosecutor only has to prove that the defendant caused the death of another person<\/span> due to heat of passion<\/span>, an extreme emotional disturbance<\/a>, or reasonable provocation.<\/p>\n

In a voluntary <\/span>manslaughter<\/span> case<\/span>, the jury (or judge) must consider whether a reasonable person<\/span><\/a> would have acted the same way as the defendant in similar circumstances. If the answer is \u201cyes,\u201d the defendant will likely be guilty of manslaughter rather than murder.<\/p>\n

The penalties for these crimes are significantly different as well. A first-degree murder<\/span> conviction can lead to a sentence of life imprisonment without the possibility of parole or death in states that still have the death penalty<\/a>. A charge of <\/span>voluntary manslaughter<\/span> carries a maximum sentence of anywhere from 15 to 20 years in state prison<\/span>, depending on the facts of the case. If a person is guilty of this crime, the judge will consider mitigating and aggravating factors<\/span><\/a> during sentencing.<\/p>\n

A person may face murder charges<\/span> if someone dies during the commission of a violent crime<\/span>. This is true in states that follow the felony murder<\/span> rule. When someone dies while committing an unlawful act<\/span> that doesn\u2019t amount to a felony, they may face a manslaughter charge.<\/p>\n

How Does Voluntary Manslaughter<\/span> Differ From Involuntary Manslaughter<\/span>?<\/h2>\n

Just as there are differences between first- and second-degree murder<\/span>, there are significant differences between voluntary and involuntary manslaughter<\/span>. Voluntary <\/span>manslaughter<\/span> cases<\/span> are usually crimes of passion<\/span>, whereas involuntary <\/span>manslaughter<\/span> cases<\/span> often involve criminal negligence<\/span><\/a>, accidental killings<\/span>, and recklessness.<\/p>\n

Another key difference between these two criminal charges<\/span><\/a> is that voluntary manslaughter<\/span> involves an intentional taking of a human life<\/span>. In involuntary <\/span>manslaughter<\/span> cases<\/span>, the death is often the unintentional but unlawful killing<\/span> of a human being<\/span>.<\/p>\n

A prime example of voluntary manslaughter<\/span> is a person who comes home to find their spouse in bed with a lover. In the heat of passion<\/span><\/a>, they shoot and kill both the spouse and the paramour. Since they acted in response to an extreme emotional disturbance (discovering their spouse cheating on them in their marital bed), they would face voluntary manslaughter<\/span> charges<\/span> instead of murder.<\/p>\n

Involuntary manslaughter<\/span><\/a> can involve a person who goes to happy hour with their coworkers and causes a fatal accident on the way home. If the police can show that they were driving under the influence (DUI<\/span>), they will likely face involuntary manslaughter<\/span> charges. In some states, the inebriated driver would face vehicular manslaughter<\/span><\/a> or vehicular homicide charges. It depends on the state’s penal code<\/span>\u00a0where the accident occurred.<\/p>\n

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

While the penalties for voluntary manslaughter<\/span> are nowhere near as severe as they are for murder, they are still life-changing. Depending on the jurisdiction, the penalty for voluntary manslaughter<\/span> may range anywhere from three years in California<\/span> to up to 20 years in Massachusetts<\/a>.<\/p>\n

Many states also fine people guilty of voluntary manslaughter<\/span>. For example, in Florida<\/span><\/a>, a voluntary manslaughter<\/span> conviction<\/span> may result in fines of up to $10,000. The penalties will depend on the jurisdiction and the facts of the case.<\/p>\n

When a judge imposes the sentence in a voluntary <\/span>manslaughter<\/span> case<\/span>, they will consider several factors, including:<\/p>\n