{"id":372412,"date":"2016-04-11T01:21:50","date_gmt":"2016-04-11T06:21:50","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/delaware-law\/delaware-involuntary-manslaughter-law.html"},"modified":"2025-07-18T14:59:06","modified_gmt":"2025-07-18T19:59:06","slug":"delaware-involuntary-manslaughter-law","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/delaware-law\/delaware-involuntary-manslaughter-law.html","title":{"rendered":"Delaware Involuntary Manslaughter Law"},"content":{"rendered":"\n
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Delaware Involuntary Manslaughter Law<\/h1>\n
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\n By Christie Nicholson, 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

In Delaware, there are six types of homicide: first-degree murder, second-degree murder, murder by abuse or neglect, manslaughter, criminally negligent homicide, and vehicular homicide. The main difference between these crimes is the defendant\u2019s intent at the time of the act.<\/blockquote>\r\n

With first-degree murder<\/a>, the prosecutor must prove that the defendant planned the crime and intended to cause death or serious bodily injury. The crime of manslaughter, however, does not require premeditation or planning.<\/p>\r\n

For the state to convict someone of manslaughter, it need only prove that the defendant\u2019s recklessness caused the victim\u2019s death or that the defendant intended to commit serious bodily harm but killed the victim instead.<\/p>\r\n

Like many other jurisdictions, the state of Delaware recognizes two types of manslaughter: involuntary and voluntary. This article provides a brief overview of Delaware’s involuntary manslaughter laws, including criminally negligent homicide<\/a> and vehicular homicide laws.<\/p>\r\n

If you\u2019re facing manslaughter charges<\/a>, it’s a good idea to reach out to an experienced criminal defense attorney<\/a>. We’ve also provided links to other FindLaw articles on similar subjects at the bottom of this page.<\/p>\r\n

Delaware and Involuntary Manslaughter<\/b><\/h2>\r\n

Delaware law defines the crime of involuntary manslaughter as an unintentional killing resulting from criminal negligence<\/a> or an unlawful act. The unlawful act can be a misdemeanor or low-level felony, such as driving under the influence (DUI)<\/a>.<\/p>\r\n

The key difference between involuntary manslaughter and voluntary manslaughter<\/a> is whether the defendant intended to kill the victim. The Delaware Code divides involuntary manslaughter into three separate crimes:<\/p>\r\n