{"id":376017,"date":"2016-03-31T21:36:30","date_gmt":"2016-04-01T02:36:30","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/pennsylvania-law\/pennsylvania-involuntary-manslaughter-laws.html"},"modified":"2025-08-04T12:08:20","modified_gmt":"2025-08-04T17:08:20","slug":"pennsylvania-involuntary-manslaughter-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/pennsylvania-law\/pennsylvania-involuntary-manslaughter-laws.html","title":{"rendered":"Pennsylvania Involuntary Manslaughter Laws"},"content":{"rendered":"\n
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Pennsylvania 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

Pennsylvania law recognizes five types of criminal homicide. This includes three types of murder and two types of manslaughter. Pennsylvania\u2019s criminal code classifies murder by degree: first-degree murder, second-degree murder, and third-degree murder. The criminal statutes divide manslaughter into voluntary and involuntary manslaughter.<\/p>\r\n

Pennsylvania\u2019s manslaughter laws<\/a> apply to cases involving an unintentional killing or a crime of passion. People guilty of voluntary or involuntary manslaughter charges face a lesser penalty than those guilty of murder. However, they\u2019ll still face possible jail time and hefty fines.<\/p>\r\n

This article explains how involuntary manslaughter laws work in the Commonwealth of Pennsylvania, including the possible penalties and defenses. We’ve also included links to related FindLaw articles at the bottom of the page. If you\u2019re facing homicide charges<\/a>, consider contacting a criminal defense attorney<\/a> sooner rather than later.<\/p>\r\n

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

Whenever someone causes the death of another person, they should expect the state to pursue criminal charges. Whether the defendant committed an unintentional or intentional killing<\/a>, the taking of a human life demands that someone pay the price.<\/p>\r\n

The primary difference between murder and manslaughter has to do with intent. If the state can prove premeditation (planning), it will pursue murder charges. If the victim\u2019s death was the direct result of the defendant\u2019s negligence, the defendant will face involuntary manslaughter charges.<\/p>\r\n

If a defendant plans a homicide, they\u2019ll face murder charges<\/a>. Shooting someone during the heat of passion may mean voluntary manslaughter charges instead..<\/p>\r\n

Proving Involuntary Manslaughter Charges<\/b><\/h2>\r\n

Under Pennsylvania law, involuntary manslaughter occurs when a person dies as a direct result of an unlawful or lawful act involving recklessness or gross negligence<\/a>. An example of a lawful act leading to an involuntary manslaughter case is a parent whose child dies after they leave them in a locked car on a hot day.<\/p>\r\n

An example of a manslaughter case involving an unlawful act is a person who impersonates a doctor<\/a> and prescribes medication to a patient with a deadly allergy.<\/p>\r\n

To secure a manslaughter conviction, the prosecutor must show a causal link between the defendant’s conduct and the death of the victim. If there is no direct link between the defendant\u2019s lawful or unlawful conduct and the victim\u2019s death, the state will have difficulty proving involuntary manslaughter.<\/p>\r\n

A prosecutor can establish gross negligence or recklessness<\/a> by comparing the defendant’s actions with those of a reasonable person. The prosecutor might also consider whether the defendant purposefully ignored a known danger or continued activity even when significant risks became obvious.<\/p>\r\n

Involuntary Manslaughter vs Voluntary Manslaughter<\/b><\/h2>\r\n

There is a significant difference between involuntary and voluntary manslaughter<\/a>. Both elements and the penalties for the crimes differ. Voluntary manslaughter is a first-degree felony punishable by up to 20 years in prison. Involuntary manslaughter is a first-degree misdemeanor with a penalty of five to 10 years in prison, depending on the age of the victim.<\/p>\r\n

In Pennsylvania, involuntary manslaughter involves a lawful or unlawful act performed in a reckless or negligent manner that causes the death of another person. Voluntary manslaughter, on the other hand, consists of a defendant who kills someone during intense passion after serious provocation.<\/p>\r\n

Pennsylvania Involuntary Manslaughter Laws: Summary<\/b><\/h2>\r\n

The legalese of state statutes can make them difficult to understand. We\u2019ve summarized Pennsylvania’s involuntary manslaughter laws in the chart below.<\/p>\r\n\r\n

Pennsylvania Involuntary Manslaughter Laws Code Section<\/b><\/p>\r\n<\/th>\r\n

Pennsylvania Statutes Title 18 Pa. C.S.A. Crimes and Offenses<\/b><\/p>\r\n

Definition of Involuntary Manslaughter Under Pennsylvania Law<\/b><\/p>\r\n<\/th>\r\n

Involuntary manslaughter is when the death of another person results from an individual\u2019s recklessness or negligence<\/a> while performing either a lawful or an unlawful act.<\/p>\r\n<\/td>\r\n<\/tr>

Possible Defenses to Involuntary Manslaughter Charges<\/b><\/p>\r\n<\/th>\r\n

The following defenses to involuntary manslaughter are available in the State of Pennsylvania:<\/p>\r\n

Possible Penalties for Involuntary Manslaughter in Pennsylvania<\/b><\/p>\r\n<\/th>\r\n

Involuntary manslaughter is a first-degree misdemeanor<\/a> with a potential punishment of up to five years in prison and a fine of up to $10,000.<\/p>\r\n

If the defendant causes the death of a child under the age of 12, state law increases the criminal charge to a second-degree felony<\/a>. This crime carries a penalty of up to 10 years in prison and fines of up to $25,000.<\/p>\r\n<\/td>\r\n<\/tr>

Examples of Involuntary Manslaughter<\/b><\/p>\r\n<\/th>\r\n

Specific actions that can be related to involuntary manslaughter include:<\/p>\r\n