Arkansas Involuntary Manslaughter Law

Arkansas prosecutes negligent homicide when someone’s death results from criminally negligent conduct rather than intentional harm. This charge occupies a distinct place in the state’s homicide laws. Understanding this criminal offense and how it compares to other homicide charges is crucial.

In criminal law, acts that cause the death of another person are known as homicide. In Arkansas, there are six types of illegal homicide:

• Capital murder
• First-degree murder
• Second-degree murder
• Manslaughter
• Negligent homicide
• Physician-assisted suicide

This article focuses on the crime of negligent homicide, which is similar to involuntary manslaughter in other states.

If you are facing a legal issue related to criminal law, contact a criminal defense attorney. They can help you understand your rights and establish the best possible legal defense applicable to your case.

Understanding Criminal Negligence

Negligent homicide is the causing of the death of another person through negligent conduct. This excludes cases that constitute murder or manslaughter. The statute creates different categories of negligent homicide based on the circumstances surrounding the death.

Main Categories Under the Statute

Arkansas Code classifies negligent homicide under two main categories.

Vehicle-Related Negligent Homicide

Arkansas Code classifies death from negligent operation of a vehicle, aircraft, or watercraft under specific dangerous conditions as a Class B felony. This penalty recognizes the risks posed to public safety by the operation of machinery under impairment. This occurs in the following instances:

Operating While Intoxicated

The law defines "intoxicated" as a person influenced by alcohol, controlled substances, or other intoxicants. The substances must alter your reactions, motor skills, and judgment. It is also called driving under the influence (DUI). The impairment should be to the point where you become a clear and substantial danger of physical injury or death to yourself or others.

Operating with a Blood Alcohol Content of 0.08% or Higher

This provision creates criminal liability based on measurable blood alcohol content (BAC). The law provides the liability regardless of whether the visible impairment is present. Law enforcement authorities can test the alcohol concentration through the person’s blood, urine, breath, saliva, or other bodily substances.

Violating School Bus Safety Laws

Negligent homicide charges apply when death results from illegally passing a stopped school bus.

Operating While Fatigued

The statute defines "fatigued" in very specific terms. It is a condition when a person has gone without sleep for 24 consecutive hours. It also applies to being asleep while operating the vehicle. This precise definition helps establish clear legal standards for what constitutes criminal fatigue.

General Negligent Homicide

All other forms of negligent homicide fall into this broader category. The law determines the penalty based on whether or not the defendant used a deadly weapon.

Negligent Homicide With Deadly Weapon

Someone who negligently causes the death of another with the use of a deadly weapon is guilty of a Class D felony. The Protect Arkansas Act 659 of 2023 added enhancements to the penalty, recognizing that unlawful killings involving weapons warrant a more serious penalty. This also applies if the death was not intentional.

General Negligent Homicide

For negligent homicide cases that do not involve vehicles or deadly weapons, the Act classifies it as a Class A misdemeanor.

Distinguishing Negligent Homicide From Other Homicide Charges

Understanding how negligent homicide differs from other homicide charges is crucial for anyone facing criminal charges in Arkansas. Each type of homicide charge involves varying mental states, penalties, and other circumstances.

Negligent Homicide vs. First-Degree Murder

The main difference between negligent homicide and first-degree murder is in the mental state or intent of the actor. First-degree murder is the purposeful killing of another. It is often committed with premeditation and purposeful intent to kill.

Negligent homicide, on the other hand, involves no intent to kill. This crime often occurs during the commission of otherwise lawful activities conducted carelessly. For instance, driving under the influence or improperly handling a dangerous weapon are examples of negligent homicide.

Negligent Homicide vs. Second-Degree Murder

Second-degree murder and negligent homicide differ in the level of recklessness and the knowledge of risk involved. Second-degree murder requires extreme indifference to the value of human life. It also involves conscious awareness of the substantial risk of death and deliberate disregard of that risk. Meanwhile, negligent homicide involves a lower degree of carelessness.

Negligent Homicide vs. Manslaughter

The difference between these charges focuses on the circumstances involved in the killing. Manslaughter often occurs during "heat of passion" killings, which often occur after adequate provocation. The defendant acts under sudden emotional distress that causes them to lose self-control. Provocation and domestic disputes are signifiers of manslaughter.

Negligent homicide, on the other hand, happens as a result of pure careless conduct. Those guilty of negligent homicide often have knowledge of the risk, yet fail to prevent it due to impairment by alcohol or controlled substances.

Recent Legislative Changes Affecting Sentences

The Protect Arkansas Act modified the sentencing requirements for many felonies. Negligent homicide was one of the criminal offenses affected. The Act added enhancements for the use of a deadly weapon, reclassifying it as a Class D felony.

The Act also includes broader "truth-in-sentencing" provisions. This requires inmates convicted of violent crimes to serve 85% to 100% of their sentence before they can be eligible for early release due to good behavior.

Seek Legal Help From a Criminal Defense Attorney

Anyone facing negligent homicide or other criminal charges in Arkansas should seek help from a criminal defense attorney. They can provide essential guidance in understanding your rights and evaluating your case. A criminal defense lawyer can also develop a strong legal defense, particularly tailored to your case.