California Involuntary Manslaughter Laws

California involuntary manslaughter laws define the elements of involuntary manslaughter, the defenses to a charge, and penalties for involuntary manslaughter.

Homicide is the unlawful killing of a human being by another human being. Like most states, California law distinguishes between killing done with malice or intent and killing that lacks intent. Involuntary manslaughter is a reckless or accidental killing.

California defines malice as "a deliberate intention to take away the life" of another human being, also known as malice aforethought. With involuntary manslaughter, this intention is absent.

Involuntary manslaughter sits at the midpoint of the scale that runs from ordinary negligence to first-degree murder.

Types of Manslaughter

In California, there are three types of manslaughter. All three begin with an unintentional killing. Manslaughter can involve criminal negligence. This is an act or failure to act reasonably when there is a legal duty. An otherwise lawful act can become manslaughter if the actor fails to behave reasonably and the death of another person results.

Criminal negligence, or gross negligence, is more than mere carelessness or recklessness. It is extreme disregard for safety that becomes criminal intent.

Involuntary Manslaughter

California law defines involuntary manslaughter as the death of a human being during:

• The commission of an unlawful act other than a felony (a misdemeanor or infraction)
• The commission of a lawful act carried out in an unlawful manner or with a risk of death

For example, if carnival workers assemble a ride carelessly (a lawful act) and riders die while riding because it collapses, the workers could face involuntary manslaughter charges. Bar fights and other kinds of reckless behavior where people know injuries can happen may lead to charges if someone dies.

Voluntary Manslaughter

The legal definition of voluntary manslaughter is the killing of another person "upon a sudden quarrel or in the heat of passion." In California, "heat of passion" means provocation or acting under the influence of intense emotion. In addition, the act must occur immediately after the provocation, without any cooling off period.

Provocation must be objectively reasonable enough to cause a rational person to act rashly without time to think about the consequences of their actions. The statute excludes sudden discovery of the victim’s gender or sexual orientation, including if the victim made a sexual advance toward the defendant (the "gay panic" defense).

Vehicular Manslaughter

Vehicular manslaughter is a separate form of manslaughter in which the driver:

• Drove a vehicle in the commission of an unlawful act other than a felony
• Drove a vehicle during a lawful act but in a manner that might cause death
• With or without gross negligence

Causing an accident in the course of insurance fraud that results in death is also vehicular manslaughter and can lead to a murder charge.

Gross Vehicular Manslaughter

Vehicular manslaughter while under the influence is a separate charge. A felony DUI has harsher prison sentences than vehicular manslaughter and can result in murder charges.

Defenses to Involuntary Manslaughter

Because intent is not one of the elements of the crime, prosecutors must show beyond a reasonable doubt that the defendant:

• Committed an unlawful act other than a felony, in an unlawful manner, or with gross negligence
• This act caused the victim’s death

Defense strategies against involuntary manslaughter can include:

• Accident, misfortune, or performing a lawful act with due caution and care
• Accident in the heat of passion upon sudden provocation without use of a deadly weapon or "cruel and unusual" methods. For example, a bar fight where the victim fell and hit their head on a table might be a legal defense to involuntary manslaughter
• Self-defense, defense of others, or prevent great bodily injury on one’s self or others
• Defense of property ("castle doctrine") within one’s own home or property

Penalties for Involuntary Manslaughter

California uses determinate sentencing when sentencing involuntary manslaughter cases. The statute provides short-, medium-, and long-term sentences for the crime. Judges may select an appropriate term based on other circumstances in the case.

Voluntary manslaughter is punishable by imprisonment in the state prison for three, six, or 11 years.

Involuntary manslaughter is punishable by imprisonment for two, three, or four years.

Vehicular manslaughter is a wobbler offense. In California, judges have discretion to sentence some criminal charges as felonies or misdemeanors, depending on the circumstances and the judge’s discretion. Vehicular manslaughter has possible sentences of up to one year’s jail time or two, four, or six years’ imprisonment.

The exception is vehicular manslaughter in the course of insurance fraud or other financial gain, which carries between four to 10 years in prison.

Gross vehicular manslaughter has possible sentences of four, six, or 10 years in prison.

Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state law(s) before making any legal decision.

Related Resources

• Homicide
• Homicide Definition
• Voluntary Manslaughter

Get Legal Advice From a California Criminal Defense Attorney

Anyone facing charges of involuntary manslaughter should consider contacting a criminal defense lawyer. An involuntary manslaughter conviction could become a "strike" under California’s "three-strike law," depending on the circumstances. At a minimum, you’re facing jail time and a criminal record. Contact an experienced California criminal defense attorney to protect your civil rights.