{"id":374612,"date":"2016-04-11T01:23:08","date_gmt":"2016-04-11T06:23:08","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/montana-law\/montana-involuntary-manslaughter-law.html"},"modified":"2025-07-12T08:49:57","modified_gmt":"2025-07-12T13:49:57","slug":"montana-involuntary-manslaughter-law","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/montana-law\/montana-involuntary-manslaughter-law.html","title":{"rendered":"Montana Involuntary Manslaughter Law"},"content":{"rendered":"\n
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Montana 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

Montana involuntary manslaughter laws outline the elements of a manslaughter charge, along with the defenses and penalties for the crime.<\/blockquote>\r\n

A homicide is the unlawful killing of another human being. Most states use classifications for murder and manslaughter. Manslaughter is further broken down into voluntary manslaughter and involuntary manslaughter.<\/p>\r\n

Montana law is a bit different. Montana law classifies the crime of involuntary manslaughter as either negligent homicide or vehicular homicide while under the influence of drugs or alcohol.<\/p>\r\n

This article examines Montana\u2019s involuntary manslaughter laws, including the penalties and defenses of the criminal offense. It also explains how manslaughter is different from the crime of murder.<\/p>\r\n

If you\u2019re facing involuntary manslaughter charges, speaking to a criminal defense attorney<\/a> sooner rather than later is a good idea. To help you understand what you’re facing, we’ve included links to pertinent FindLaw articles at the bottom of this page.<\/p>\r\n

How Montana Law Defines Involuntary Manslaughter<\/b><\/h2>\r\n

Montana criminal code defines involuntary manslaughter in two ways. First, a person is guilty of this criminal offense if they cause the death of another person through negligence. Montana law refers to this crime as negligent homicide<\/a>.<\/p>\r\n

Second, a person can be guilty of involuntary manslaughter in Montana if they kill someone while operating a motor vehicle under the influence of drugs or alcohol. Montana criminal statutes refer to this crime as vehicular homicide while under the influence<\/a>.<\/p>\r\n

While both of these crimes qualify as involuntary manslaughter, the penalties for the two offenses are quite different. For negligent homicide, the punishment is up to 20 years in prison and a fine of up to $50,000. For vehicular homicide while under the influence, the penalty is up to 30 years in state prison and a fine of up to $50,000.<\/p>\r\n

According to Montana Code, the court will suspend the driver\u2019s license<\/a> of anyone guilty of negligent vehicular homicide and vehicular homicide while under the influence. The length of the suspension will depend on the facts of the case and the judge\u2019s sentence.<\/p>\r\n

Differences Between Murder and Manslaughter in Montana<\/b><\/h2>\r\n

There is often a fine line between a murder charge and an involuntary manslaughter charge. The primary difference between the two crimes concerns the defendant\u2019s intent. In a murder case, the defendant not only intended to kill the victim, they also planned the killing.<\/p>\r\n

Montana law defines murder as the unlawful killing of another human being with malice aforethought. The state cannot convict someone of murder if they did not intend or plan to cause death or serious bodily harm.<\/p>\r\n

Murder is a deliberate homicide. With manslaughter, the defendant does not intend to kill or even harm the victim. Instead, they commit a negligent act that causes the victim\u2019s death. In cases of drunk driving accidents, it\u2019s the defendant\u2019s recklessness<\/a> that led to the victim\u2019s demise.<\/p>\r\n

Differences Between Voluntary Manslaughter and Involuntary Manslaughter Under Montana Law<\/b><\/h2>\r\n

Many states, including Montana, divide the crime of manslaughter into voluntary manslaughter<\/a> and involuntary manslaughter<\/a>. Intent is what often distinguishes one from the other.<\/p>\r\n

According to Montana law, voluntary manslaughter involves an intentional killing while the defendant is in the heat of passion or under extreme emotional distress<\/a>. An example of this crime is when someone comes home to find their spouse in bed with another person and shoots them both.<\/p>\r\n

Since the shooter was acting while under the extreme emotional distress of finding their spouse in bed with a stranger, they will face a manslaughter charge rather than murder. While he intended to harm or even kill the two, they did so under the heat of passion. At trial, the jury must determine whether the defendant acted the way a reasonable person<\/a> would have acted in similar circumstances.<\/p>\r\n

With involuntary manslaughter, the defendant did not intend to harm or kill the victim. Instead, the victim\u2019s death is the result of the defendant\u2019s recklessness or criminal negligence<\/a>.<\/p>\r\n

Negligent Homicide Under Montana Law<\/b><\/h2>\r\n\r\n

Montana Negligent Homicide Code Section<\/b><\/p>\r\n<\/th>\r\n

Montana Code Section 45-5-104<\/a><\/p>\r\n<\/td>\r\n<\/tr>

Definition of Negligent Homicide in Montana<\/b><\/p>\r\n<\/th>\r\n

A person is guilty of negligent homicide when they negligently or recklessly cause the death of another human being.<\/p>\r\n<\/td>\r\n<\/tr>

Penalties for Negligent Homicide in Montana<\/b><\/p>\r\n<\/th>\r\n

Negligent homicide carries a possible prison sentence of up to 20 years and a fine of up to $50,000.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Montana Law for Vehicular Homicide While Under the Influence<\/b><\/h2>\r\n\r\n

Montana Vehicular Homicide While Under the Influence Code Sections<\/b><\/p>\r\n<\/th>\r\n

Montana Code<\/b><\/p>\r\n

Definition of Vehicular Homicide While Under the Influence in Montana<\/b><\/p>\r\n<\/th>\r\n

Negligently causing the death of another human being while the offender is operating a vehicle in violation of Montana’s DUI laws (section 61-8-10<\/a>).<\/p>\r\n<\/td>\r\n<\/tr>

Vehicular Homicide While Under the Influence Penalties in Montana<\/b><\/p>\r\n<\/th>\r\n

This crime is punishable by up to 30 years in state prison and a fine of up to $50,000. The state will also suspend the defendant\u2019s driver\u2019s license<\/a>.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Disclaimer<\/b>: State laws change frequently. For case-specific information regarding Montana’s involuntary manslaughter laws, contact a local <\/i>criminal defense lawyer<\/i><\/a>.<\/i><\/p>\r\n

Facing Manslaughter Charges in Montana? Speak With a Criminal Defense Attorney<\/b><\/h2>\r\n

If the state is alleging that you committed an unlawful killing of a human being, contacting an experienced Montana criminal defense lawyer<\/a> is a logical move. Whether you\u2019re facing murder, vehicular manslaughter, or involuntary manslaughter charges, the penalties are severe. Having an attorney by your side will help achieve an acquittal or a favorable plea bargain.<\/p>\r\n

Related FindLaw Resources<\/b><\/h2>\r\n