{"id":373855,"date":"2016-03-31T21:35:29","date_gmt":"2016-04-01T02:35:29","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/maryland-law\/maryland-involuntary-manslaughter-law.html"},"modified":"2025-07-15T16:07:46","modified_gmt":"2025-07-15T21:07:46","slug":"maryland-involuntary-manslaughter-law","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/maryland-law\/maryland-involuntary-manslaughter-law.html","title":{"rendered":"Maryland Involuntary Manslaughter Law"},"content":{"rendered":"\n
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Maryland 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

Every state has criminal laws regarding homicide, such as murder and manslaughter laws. Most jurisdictions also distinguish between involuntary and voluntary manslaughter. Maryland law defines involuntary manslaughter, or criminally negligent homicide, as an unintentional killing caused by a person\u2019s criminal negligence<\/a>, recklessness, or unlawful act.<\/p>\r\n

Maryland\u2019s criminal code doesn\u2019t define manslaughter. Manslaughter is a common law<\/a> (created by cases) crime in Maryland and can be either voluntary or involuntary, depending on the actor\u2019s intent.<\/p>\r\n

Under Maryland common law, involuntary manslaughter is the unintentional killing of another person<\/a> while engaging in an unlawful act (non-felony), a negligent act, or by negligently failing to perform a legal duty.<\/p>\r\n

This article examines and explains Maryland\u2019s involuntary manslaughter laws, including the penalties and defenses. If you\u2019re facing criminal charges, consider consulting an experienced Maryland criminal defense attorney<\/a> for legal advice and representation.<\/p>\r\n

Elements of Involuntary Manslaughter in the State of Maryland<\/b><\/h2>\r\n

For the state to successfully charge a person with involuntary manslaughter, it must prove that the victim\u2019s death was the result of either the defendant\u2019s criminal negligence or their unlawful act. There are various types of involuntary manslaughter under Maryland\u2019s Criminal Law Articles, including assisted suicide, vehicular manslaughter, and other acts performed in a grossly negligent manner.<\/p>\r\n

According to Maryland law, criminally negligent manslaughter requires more than ordinary negligence. To prove this element of the crime, the prosecutor must show that the defendant demonstrated a wanton or reckless disregard for the safety of others.<\/p>\r\n

As for manslaughter cases involving a defendant who engaged in an unlawful act, the state does not need to prove that the defendant committed a felony. Unlike felony murder charges, involuntary manslaughter only requires that the defendant kill someone during the commission of a misdemeanor or lesser crime.<\/p>\r\n

If a driver in Maryland kills someone while driving a motor vehicle under the influence of drugs or alcohol, they may be guilty of involuntary manslaughter. The underlying crime of DUI is a misdemeanor and is subject to involuntary manslaughter charges.<\/p>\r\n

Manslaughter vs. Murder<\/b><\/h2>\r\n

For the state to convict someone of murder, it must prove that the defendant killed someone after premeditation and malice aforethought. This isn\u2019t the case with manslaughter. In involuntary manslaughter cases, the prosecutor needs only to prove that someone died as a result of the defendant\u2019s actions, be they negligent, reckless, or criminal.<\/p>\r\n

Vehicular Homicide<\/b><\/h2>\r\n

One form of involuntary manslaughter<\/a> is vehicular homicide. This crime involves the death of someone as a result of negligence or recklessness while driving a car, motorcycle, boat, or other vessel.<\/p>\r\n

Maryland has specific laws addressing these types of homicides. For example, the state has four statutes regarding DUI accidents that result in death.<\/p>\r\n

Assisted Suicide<\/b><\/h2>\r\n

Another form of involuntary homicide is assisted suicide. While these cases are rare, Maryland law defines this crime as purposefully assisting another person to commit suicide by coercion, duress, or by knowingly providing the physical means to commit the act.<\/p>\r\n

Assisted suicide is a felony that carries a sentence of up to one year of imprisonment<\/a> and a fine of up to $10,000.<\/p>\r\n

Maryland Law Does Not Provide a Heat of Passion Defense<\/b><\/h2>\r\n

Unlike most other states, Maryland does not offer a heat of passion defense. In 40 states, there are laws that allow the state to reduce murder charges to voluntary manslaughter if the defendant killed a person in a moment of emotionally charged anger.<\/p>\r\n

Maryland doesn’t recognizes the heat of passion or crime of passion defenses. Nor does it consider it a mitigating factor. A person who killed their spouse after discovering them in bed with someone else can’t claim a heat of passion defense in a Maryland courtroom.<\/p>\r\n

Maryland Involuntary Manslaughter Statutes<\/b><\/h2>\r\n

Maryland\u2019s manslaughter laws embody a combination of common law and statute. The table below highlights the main aspects of Maryland\u2019s involuntary manslaughter laws.<\/p>\r\n\r\n

Maryland Involuntary Manslaughter Code Sections<\/b><\/p>\r\n<\/th>\r\n

Maryland Criminal Law Article Sections<\/b>:<\/p>\r\n

What\u2019s Considered Manslaughter Under Maryland Code?<\/b><\/p>\r\n<\/th>\r\n

Maryland law prohibits causing the death of another person through gross negligence or criminally negligent behavior, including driving a motor vehicle while using alcohol or drugs, street racing, or other behavior that disregards the risks to human life.<\/p>\r\n

Maryland law distinguishes between \u201cgross negligence\u201d and \u201ccriminal negligence\u201d based on the defendant\u2019s degree of awareness of their risky behavior. With gross negligence, the defendant is conscious of the risk to human life that their behavior creates, but acts with a total disregard for human life.<\/p>\r\n

Criminal negligence is when the defendant should\u2019ve been aware that their behavior created a substantial and unjustifiable risk to human life, but failed to see that risk.<\/p>\r\n<\/td>\r\n<\/tr>

Penalties for Manslaughter Crimes in Maryland<\/b><\/p>\r\n<\/th>\r\n

The penalty for involuntary manslaughter in Maryland depends on the specific crime and the defendant\u2019s degree of responsibility.<\/p>\r\n

The maximum sentences for involuntary manslaughter or vehicular homicide are:<\/p>\r\n

Possible Defenses Against Manslaughter Charges in Maryland<\/b><\/p>\r\n<\/th>\r\n