{"id":374647,"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-voluntary-manslaughter-law.html"},"modified":"2026-02-03T16:34:08","modified_gmt":"2026-02-03T21:34:08","slug":"montana-voluntary-manslaughter-law","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/montana-law\/montana-voluntary-manslaughter-law.html","title":{"rendered":"Montana Voluntary Manslaughter Law"},"content":{"rendered":"\n
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Montana Voluntary Manslaughter Law<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last reviewed\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\n\n

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Montana<\/span>‘s version of voluntary manslaughter<\/span> law is \u201cmitigated deliberate homicide<\/span>,\u201d which occurs when a person kills another in a state of extreme emotional or mental distress. This law allows evidence of extreme emotional or mental distress to reduce a deliberate homicide<\/span> charge to mitigated deliberate homicide<\/span>. In Montana<\/span>, this charge is a felony, punishable by between two and 40 years in prison, fines up to $50,000, or both.<\/p>\n\n <\/div>\n\n\n\n

Homicide is the unlawful killing of a <\/span>human being<\/span> by another human being<\/span>. Some jurisdictions<\/span> categorize homicide as first-degree or second-degree homicide. Under Montana<\/span> state law<\/span>, homicide is classified as deliberate, mitigated deliberate, or negligent.<\/p>\n

Mitigated deliberate homicide<\/span> is equal to voluntary manslaughter<\/span> in other states. Although the terminology differs, the elements of the offense are the same. Mitigated deliberate homicide<\/span> lies between deliberate homicide<\/span> and negligent homicide<\/span> in Montana<\/span> law<\/span>.<\/p>\n

Types of Homicide in Montana<\/span><\/h2>\n

In Montana<\/span> criminal law<\/span>, deliberate homicide<\/span><\/a> is the purposeful or knowledgeable taking of a human life. This charge is used if either of the following applies to the defendant:<\/p>\n