Nevada Involuntary Manslaughter Law

In Nevada, unintentional but reckless acts that cause the death of another person can lead to a charge of involuntary manslaughter. Unlike murder, this crime does not require an intent to kill. It is still a serious felony with life-altering consequences.

This article explains how Nevada defines involuntary manslaughter, how it differs from other types of homicide, and what penalties it carries. If you’re facing criminal charges of any kind, consider speaking with a local criminal defense attorney. They can explain how state laws apply to your unique circumstances and help to protect your rights.

How Nevada Defines Involuntary Manslaughter

Under Nevada state law, involuntary manslaughter is an unintentional killing that happens in one of two ways:

• While committing an unlawful act that is not a felony
• During a lawful act that is performed in an unlawful manner

A key part of an involuntary manslaughter charge is criminal negligence, which is more than simple carelessness or a momentary lapse in judgment. A negligent act is not always sufficient to warrant manslaughter or murder charges. It involves reckless behavior or a conscious disregard for the safety of others that a reasonable person would never exhibit.

For example, a failure to secure firearms or other deadly weapons that results in the death of a minor would likely lead to an involuntary manslaughter charge. Another common example of a manslaughter case is when death results from a traffic accident that involves criminal negligence.

Driving-Related Homicides in Nevada Law

Many states bring involuntary manslaughter charges for traffic fatalities involving recklessness or criminal negligence. The Nevada Revised Statutes have three distinct charges that may apply, depending on the driver’s actions and state of mind:

• Vehicular homicide (misdemeanor): This applies if the death was caused by an act of simple negligence, like a moment of inattention that violates a traffic rule. The penalty is up to six months in jail.
• Involuntary manslaughter (felony): This more serious charge can apply if the driver acted with criminal negligence. This could include acts like racing on a public street or driving at extremely high speeds in a school zone.
• DUI causing death (felony): If a person driving under the influence of alcohol or drugs causes a fatal accident, they face this specific felony charge. It does not matter if their driving was otherwise perfect. The act of driving while impaired is considered to be a crime.

Penalties for Involuntary Manslaughter in Nevada

Involuntary manslaughter is a Category D felony. If convicted, defendants face between one and four years in state prison, a fine of up to $5,000, or both. Negligent vehicular homicide is a misdemeanor with a possible sentence of up to six months in the county jail, a fine of up to $1,000, and suspension of the driver’s license for up to one year.

A DUI causing death can result in a prison sentence of two to 20 years imprisonment, a fine of up to $5,000, three years’ driver’s license suspension, and an ignition interlock device upon restoration of the driver’s license. If a driver with prior DUI convictions causes a death while DUI, they face a Category A felony. This carries a sentence of 25 years to life in prison, with the possibility of parole after 10 years.

How Is Involuntary Manslaughter Different from Other Types of Homicide in Nevada?

In Nevada, a homicide is any killing of a human being by another human being. The primary distinction between involuntary manslaughter and other types of homicide in Nevada lies in the defendant’s state of mind. The difference is determined by the presence or absence of intent.

Nevada recognizes several types of unlawful homicide, which are shown below:

Intentional Killings (Murder and Voluntary Manslaughter)

First-degree murder requires premeditated and deliberate intent to kill. It carries the heaviest penalties, including the potential of a death penalty sentence. Nevada has not carried out an execution since 2006.

Second-degree murder can involve an intent to kill without premeditation, or acts of extreme recklessness that show a conscious disregard for human life (an “abandoned and malignant heart”). Second-degree murders encompass all murders in Nevada that don’t meet the requirements to be charged as first-degree.

Voluntary manslaughter is an intentional killing, but the crime is less severe because it occurs in the “heat of passion” due to serious provocation. Unlike first- or second-degree murder, voluntary manslaughter lacks any element of malice. The cause must be sufficient to provoke a reasonable person, such as a person lashing out after catching their spouse in an affair.

Unintentional Killings (Involuntary and Vehicular Manslaughter)

Involuntary manslaughter involves no intent to kill. Instead, the death is caused by criminal negligence and a reckless disregard for the safety of others.

Vehicular manslaughter is also unintentional. It results from simple negligence, a lower level of carelessness than the recklessness required for involuntary manslaughter.

In short, if the killing was intentional, the charge will be some form of murder or voluntary manslaughter. If it was unintentional, the specific charge depends on how reckless the defendant’s behavior was.

Possible Defenses Against Involuntary Manslaughter Charges in Nevada

In most cases, the best way to fight an involuntary manslaughter charge is to get help from a local criminal defense attorney. An attorney whose client faces an involuntary manslaughter charge may explore several defense strategies, such as:

• Lack of criminal negligence: Arguing that the defendant’s actions were, at most, simple negligence or a tragic accident, not the reckless disregard required for a felony conviction
• Intervening cause: Proving that another event or person was the actual cause of the death, breaking the chain of causation from the defendant’s actions
• Justifiable homicide: Demonstrating that the killing was not unlawful because it occurred as a result of lawful self-defense or the defense of others

As with any other criminal charge, prosecutors must prove the elements of involuntary manslaughter beyond a reasonable doubt to get a conviction. Having skilled legal counsel on your side can help make that more difficult.

Get Legal Advice From a Nevada Criminal Defense Attorney

The state of Nevada takes unintentional killings seriously. If you or a loved one is facing criminal charges and a long stay in a Nevada state prison, consider speaking with a Nevada criminal defense lawyer to develop a defense strategy and protect your legal and civil rights.