Massachusetts Involuntary Manslaughter and Motor Vehicle Homicide Laws

By Christie Nicholson, J.D. | Legally reviewed by Catherine Hodder, Esq. | Last updated July 16, 2025

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Homicide involves the intentional or unintentional taking of a human life. Manslaughter is a type of homicide. It is different from murder in that manslaughter does not require premeditation or malice aforethought.

Massachusetts law recognizes both voluntary and involuntary manslaughter. A person is guilty of involuntary manslaughter if they unintentionally cause the death of another person, their reckless conduct causes death, or they commit a serious battery upon another person that results in death.

This article examines Massachusetts’s involuntary manslaughter and motor vehicle homicide laws. It also explains the penalties and defenses to these crimes in the Commonwealth.

If you’re facing criminal charges in Massachusetts, contact an experienced criminal defense lawyer. We also provided links to relevant and helpful FindLaw articles at the bottom of this page.

Motor Vehicle Homicide

Motor vehicle homicide is a criminal offense involving someone who causes the death of another person as a result of their reckless or negligent operation of a motor vehicle or boat while intoxicated. The intoxication can be due to alcohol, a controlled substance, or any other chemical that diminishes a person’s ability to drive carefully.

Motor vehicle homicide charges may qualify as either a felony or a misdemeanor offense. This depends several factors, including:

Whether the driver was drunk driving or under the influence of an intoxicating substance
The circumstances surrounding the car accident
Whether it’s the defendant’s first offense
Any other mitigating or aggravating factors

In Massachusetts, anyone guilty of motor vehicle homicide faces two-and-a-half to 15 years in the state house of correction and a 15-year license loss. If the defendant has prior OUI/DUI convictions, the judge may impose a lifetime license revocation.

The state must prove its case beyond a reasonable doubt. If it cannot, the jury or judge must acquit.

Massachusetts Involuntary Manslaughter and Vehicular Homicide Laws: Recap

The following table highlights the main provisions of Massachusetts’ involuntary manslaughter and motor vehicle homicide laws. It also clarifies some of the trickier definitions of the statutes.

Massachusetts Involuntary Manslaughter and Vehicular Homicide Code Sections	Involuntary Manslaughter Charges: MGL Chapter 265, Section 13 Motor Vehicle Homicide: MGL Chapter 90, Section 24G
Involuntary Manslaughter Under Massachusetts Law	Involuntary manslaughter must be one of the following: An unintentional unlawful killing caused by the defendant’s wanton or reckless conduct An unlawful killing resulting from the defendant’s commission of a dangerous battery
Motor Vehicle Homicide Under Massachusetts Law	Felony The defendant was operating a motor vehicle on a “public way,” or where members of the general public have a right of access or are business invitees, and was driving recklessly while under the influence of alcohol or drugs and caused the death of another person Misdemeanor The defendant was operating a motor vehicle on a “public way,” or where members of the general public have a right of access or are business invitees and was either under the influence of alcohol, drugs, or other intoxicating substances, or was recklessly or negligently operating a motor vehicle, endangering the lives of the public and directly caused the death of another person
Definition of "Unintentionally" Under Massachusetts Law	The defendant intended to commit the underlying act that caused the victim’s death, but did not intend to kill the victim.
Definition of "Wanton or Reckless Conduct" Under Massachusetts Law	Conduct that creates a high degree of likelihood of substantial harm to another person, such as drag racing or playing Russian Roulette
Penalties for Involuntary Manslaughter and Vehicular Homicide in Massachusetts	Involuntary Manslaughter: Up to 20 years in state prison, fines, and possible restitution Felony Motor Vehicle Homicide: Between two-and-a-half and 15 years in prison, fines, and a possible 15-year license revocation Misdemeanor Motor Vehicle Homicide: Between 30 days and two-and-a-half years in jail or prison, potential fines, and a 15-year license revocation

Disclaimer: State laws are subject to change through new legislation, higher court rulings, and other means. While we strive to provide the most current information, consult a local criminal defense lawyer or conduct further research to verify your state laws.

Charged With a Serious Crime? Talk to a Local Defense Attorney

If you’re facing homicide or vehicular manslaughter charges in Massachusetts, you risk a lengthy prison sentence and hefty fines. The best way to achieve an acquittal or favorable plea bargain is by retaining a Massachusetts criminal defense attorney for your defense.

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