Montana Involuntary Manslaughter Law

Montana involuntary manslaughter laws outline the elements of a manslaughter charge, along with the defenses and penalties for the crime.

A homicide is the unlawful killing of another human being. Most states use classifications for murder and manslaughter. Manslaughter is further broken down into voluntary manslaughter and involuntary manslaughter.

Montana law is a bit different. Montana law classifies the crime of involuntary manslaughter as either negligent homicide or vehicular homicide while under the influence of drugs or alcohol.

This article examines Montana’s involuntary manslaughter laws, including the penalties and defenses of the criminal offense. It also explains how manslaughter is different from the crime of murder.

If you’re facing involuntary manslaughter charges, speaking to a criminal defense attorney sooner rather than later is a good idea. To help you understand what you’re facing, we’ve included links to pertinent FindLaw articles at the bottom of this page.

How Montana Law Defines Involuntary Manslaughter

Montana criminal code defines involuntary manslaughter in two ways. First, a person is guilty of this criminal offense if they cause the death of another person through negligence. Montana law refers to this crime as negligent homicide.

Second, a person can be guilty of involuntary manslaughter in Montana if they kill someone while operating a motor vehicle under the influence of drugs or alcohol. Montana criminal statutes refer to this crime as vehicular homicide while under the influence.

While both of these crimes qualify as involuntary manslaughter, the penalties for the two offenses are quite different. For negligent homicide, the punishment is up to 20 years in prison and a fine of up to $50,000. For vehicular homicide while under the influence, the penalty is up to 30 years in state prison and a fine of up to $50,000.

According to Montana Code, the court will suspend the driver’s license of anyone guilty of negligent vehicular homicide and vehicular homicide while under the influence. The length of the suspension will depend on the facts of the case and the judge’s sentence.

Differences Between Murder and Manslaughter in Montana

There is often a fine line between a murder charge and an involuntary manslaughter charge. The primary difference between the two crimes concerns the defendant’s intent. In a murder case, the defendant not only intended to kill the victim, they also planned the killing.

Montana law defines murder as the unlawful killing of another human being with malice aforethought. The state cannot convict someone of murder if they did not intend or plan to cause death or serious bodily harm.

Murder is a deliberate homicide. With manslaughter, the defendant does not intend to kill or even harm the victim. Instead, they commit a negligent act that causes the victim’s death. In cases of drunk driving accidents, it’s the defendant’s recklessness that led to the victim’s demise.

Differences Between Voluntary Manslaughter and Involuntary Manslaughter Under Montana Law

Many states, including Montana, divide the crime of manslaughter into voluntary manslaughter and involuntary manslaughter. Intent is what often distinguishes one from the other.

According to Montana law, voluntary manslaughter involves an intentional killing while the defendant is in the heat of passion or under extreme emotional distress. An example of this crime is when someone comes home to find their spouse in bed with another person and shoots them both.

Since the shooter was acting while under the extreme emotional distress of finding their spouse in bed with a stranger, they will face a manslaughter charge rather than murder. While he intended to harm or even kill the two, they did so under the heat of passion. At trial, the jury must determine whether the defendant acted the way a reasonable person would have acted in similar circumstances.

With involuntary manslaughter, the defendant did not intend to harm or kill the victim. Instead, the victim’s death is the result of the defendant’s recklessness or criminal negligence.

Negligent Homicide Under Montana Law

Montana Law for Vehicular Homicide While Under the Influence

Disclaimer: State laws change frequently. For case-specific information regarding Montana’s involuntary manslaughter laws, contact a local criminal defense lawyer.

Facing Manslaughter Charges in Montana? Speak With a Criminal Defense Attorney

If the state is alleging that you committed an unlawful killing of a human being, contacting an experienced Montana criminal defense lawyer is a logical move. Whether you’re facing murder, vehicular manslaughter, or involuntary manslaughter charges, the penalties are severe. Having an attorney by your side will help achieve an acquittal or a favorable plea bargain.

Related FindLaw Resources

• Defending Yourself Against a Criminal Charge
• What’s the Difference Between First- and Second-Degree Murder?
• Gross Negligence