{"id":375280,"date":"2016-03-31T21:36:04","date_gmt":"2016-04-01T02:36:04","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-york-law\/new-york-involuntary-manslaughter-laws.html"},"modified":"2025-07-28T15:43:12","modified_gmt":"2025-07-28T20:43:12","slug":"new-york-involuntary-manslaughter-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-york-law\/new-york-involuntary-manslaughter-laws.html","title":{"rendered":"New York Involuntary Manslaughter Laws"},"content":{"rendered":"\n
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New York Involuntary Manslaughter Laws<\/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

New York law recognizes several types of homicide. Generally, they include murder, manslaughter, and vehicular homicide. All of these crimes involve taking a human life. However, these offenses vary in severity and the degree of penalties.<\/p>\r\n

One common type of homicide<\/a> in New York is involuntary manslaughter. Technically, New York law doesn\u2019t refer to this crime that way. The New York Penal Code does not criminalize voluntary and involuntary manslaughter. New York does not recognize voluntary manslaughter at all, and the criminal code refers to involuntary manslaughter as manslaughter in the second degree.<\/p>\r\n

This article discusses how New York treats the crime of involuntary manslaughter (second-degree manslaughter), including the possible penalties and potential defenses to this crime. It also explains how manslaughter is different from murder in New York.<\/p>\r\n

If you\u2019re facing manslaughter charges, consult an experienced New York criminal defense attorney<\/a> as soon as possible after your arrest. We’ve also included links to relevant FindLaw articles on similar subjects at the bottom of the page.<\/p>\r\n

New York Homicide Law<\/b><\/h2>\r\n

New York Penal Law defines the crime of homicide as engaging in conduct that causes the death of another person. The killing can be intentional or unintentional. Homicide charges can be for murder, manslaughter, and vehicular homicide.<\/p>\r\n

To qualify as murder, the defendant must act with premeditation, deliberation, and willfulness.<\/p>\r\n

New York law recognizes three types of murder: first-degree murder, second-degree murder, and aggravated murder. New York also follows the felony-murder rule. This rule states that a defendant can be guilty of murder if, during the commission of a violent felony, a third person dies. The victim can be someone completely unrelated to the crime, a co-conspirator, or a member of law enforcement.<\/p>\r\n

In addition to the crime of murder, the New York Penal Code recognizes several types of related offenses, including:<\/p>\r\n