Indiana Reckless Homicide Laws

Indiana’s criminal laws contain levels of homicide from murder to reckless homicide. The nature of the crime depends upon the degree of intent or malice. Reckless homicide is similar to involuntary manslaughter. The crimes overlap in some ways, although involuntary manslaughter still has some degree of intent.

All murder charges are felonies. The potential penalties range from a year in prison to life imprisonment. The Indiana Supreme Court had suspended executions for the death penalty. Governor Mike Braun resumed executions in 2024, although the state had exhausted its supply of lethal injection drugs in May of 2025.

The lines between voluntary manslaughter, involuntary manslaughter, and reckless homicide can be unclear. This article explains some of the legal differences between them.

Indiana Reckless Homicide Overview

To examine reckless homicide, it’s important to understand the other crimes it compares to.

Homicide

Homicide means causing the death of another person. In some states, there are degrees of murder or manslaughter. Indiana has a single charge for murder and two types of manslaughter.

• Murder is the intentional killing of another person with malice. Malice involves an intent to kill or commit serious bodily harm. A death in the course of another violent crime (arson, burglary, rape, human trafficking) or due to drug dealing is also murder. Murder is a felony.
• Causing or forcing another to commit suicide is a Level 3 felony.
• Voluntary manslaughter, also known as a “sudden heat” crime, is a Level 2 felony. A “sudden heat” or “heat of passion” crime is a homicide where the offender would normally not consider homicide, but extraordinary circumstances provoke the reaction.
• Involuntary manslaughter is a death that occurs during a Level 5 or Level 6 felony with an inherent risk of serious bodily injury, such as during assault or battery. It assumes the defendant didn’t intend to kill the victim.

Reckless Homicide

Reckless homicide does not require an illegal act or criminal behavior. Reckless behavior means disregard of a serious and unjustifiable risk of serious harm or death to another person. The offender realizes their behavior could harm others but doesn’t care. Common examples include:

• Driving under the influence of alcohol or controlled substances
• Mishandling firearms
• Motor vehicle violations such as speeding

There is some overlap between reckless homicide and involuntary manslaughter. In a criminal case, the two crimes are a single offense with two penalties rather than a crime and a lesser included offense (Chicos v. Indiana 385 U.S. 76 (1966)). A conviction on one charge prevents prosecution on the other under the theory of double jeopardy.

The penalty for a Level 5 felony is between one to six years in prison and a fine of up to $10,000. If the crime involves the operation of a motor vehicle, the court may suspend the defendant’s license for two to five years.

Indiana law allows survivors to file wrongful death lawsuits against criminal defendants following or during a reckless homicide case. This is a civil action.

Possible Defenses for Reckless Homicide Charges

There are few effective defenses to a homicide charge. Indiana has an affirmative “stand-your-ground” law, meaning you have no duty to retreat in self-defense situations. Other common defenses that apply to all homicide charges include:

• Involuntary intoxication
• Mental disease or defect
• Mistake of fact
• Threat, force, or coercion (not available if an offender “recklessly or knowingly” placed themselves into a situation where they reasonably could expect threats)

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 Indiana law(s) before making any legal decisions.

Indiana Reckless Homicide Laws: Additional Resources

The following links provide additional resources to help learn about Indiana’s reckless homicide charges and related issues:

• Indiana Law
• Indiana Involuntary Manslaughter Law
• Wrongful Death Overview

Facing Reckless Homicide Charges? Get Legal Advice from an Indiana Criminal Defense Lawyer

A reckless homicide charge arises when someone has acted without thinking ahead and is responsible for any disastrous results. Contact an experienced Indiana criminal defense attorney to plan an effective defense if you’re facing criminal charges connected to reckless behavior.