Manslaughter and Vehicular Homicide Laws by State (2026)
How each state handles manslaughter (voluntary, involuntary, vehicular) and the penalties, from each state's code.
| State | Manslaughter (voluntary, involuntary, vehicular) |
|---|---|
| Alabama | Manslaughter — recklessly causing a death, killing in a sudden heat of passion after legal provocation, causing a death by drunk or drugged driving (or boating), or selling fentanyl that causes the buyer's death — is a Class B felony: 2 to 20 years in prison, fine up to $30,000 (at least 10 years if a firearm or deadly weapon was used). Alabama has no separate vehicular homicide crime; the old 'homicide by vehicle' section was repealed in 2014, and an impaired-driving death is charged as manslaughter. Criminally negligent homicide — causing a death by criminal negligence — is a Class A misdemeanor: up to 1 year in jail and a $6,000 fine. Ala. Code 1975 §§ 13A-6-3, 13A-6-4, 32-5A-192 (repealed by Act 2014-427); Ala. Code 1975 §§ 13A-5-6, 13A-5-7, 13A-5-11, 13A-5-12 |
| Alaska | Manslaughter is intentionally, knowingly or recklessly causing another person's death in circumstances that are not murder, intentionally helping someone commit suicide, or making or delivering certain controlled substances that cause a death; it is a class A felony (up to 20 years and $250,000). Criminally negligent homicide, causing a death with criminal negligence, is a class B felony (up to 10 years and $100,000). AS 11.41.120, 11.41.130; AS 12.55.125(c), (d); AS 12.55.035(b) |
| Arizona | Manslaughter — recklessly causing a death, a second-degree murder committed in a sudden quarrel or heat of passion provoked by the victim or under coercion, intentionally helping someone die by suicide, or an adult intentionally encouraging a minor's suicide — is a class 2 felony. When it is a dangerous offense (for example, involving a deadly weapon or dangerous instrument, which can include a vehicle), a first-offense sentence is 7 to 21 years (10.5 presumptive); otherwise a first-time class 2 felony carries 4 to 10 years (5 presumptive, 3 to 12.5 with mitigation or aggravation). Negligent homicide — causing a death by criminal negligence — is a class 4 felony: 1.5 to 3 years for a first-time non-dangerous offense, or 4 to 8 years (6 presumptive) if dangerous. Arizona has no separate vehicular homicide statute; deaths caused by driving are charged under these sections. A.R.S. §§ 13-1103, 13-1102, 13-704(A), 13-702(D) |
| Arkansas | Manslaughter — recklessly causing a death, causing a death under extreme emotional disturbance with a reasonable excuse, purposely aiding a suicide, or a death negligently caused during a felony — is a Class B felony (5 to 20 years, fine up to $15,000). Negligent homicide by vehicle, boat or aircraft while intoxicated, with a 0.08 or higher alcohol concentration, while passing a stopped school bus, or while fatigued (24 hours without sleep) is also a Class B felony. Other negligent homicide is a Class D felony (up to 6 years) if committed with a deadly weapon, and otherwise a Class A misdemeanor (up to 1 year and $2,500). Ark. Code §§ 5-10-104, 5-10-105; Ark. Code §§ 5-4-201, 5-4-401 |
| California | Manslaughter is an unlawful killing without malice. Voluntary manslaughter (sudden quarrel or heat of passion) carries 3, 6 or 11 years in state prison; involuntary manslaughter (an unlawful act not amounting to a felony, or a lawful act done without due caution, not involving driving) carries 2, 3 or 4 years under Penal Code 1170(h). Vehicular manslaughter with gross negligence is punishable by up to 1 year in county jail or 2, 4 or 6 years in prison; without gross negligence by up to 1 year in jail; and a staged crash for insurance money that kills someone by 4, 6 or 10 years. Gross vehicular manslaughter while intoxicated carries 4, 6 or 10 years (15 years to life with listed prior convictions), and vehicular manslaughter while intoxicated without gross negligence carries up to 1 year in jail or 16 months, 2 or 4 years. Cal. Penal Code 191.5, 192, 193 |
| Colorado | Manslaughter — recklessly causing a death, or intentionally causing or helping another person to commit suicide — is a class 4 felony (presumptive range 2 to 6 years). Criminally negligent homicide is a class 5 felony (1 to 3 years). Vehicular homicide — causing a death by driving recklessly, or while impaired (DWAI), is a class 4 felony; causing a death while driving under the influence (DUI) is a class 3 felony (4 to 12 years) and is a strict-liability crime. C.R.S. §§ 18-3-104, 18-3-105, 18-3-106; C.R.S. §§ 18-1.3-401, 18-1.3-501, 18-1.3-503 |
| Connecticut | Manslaughter in the first degree (intending serious injury and causing death, killing under extreme emotional disturbance, or recklessly killing with extreme indifference to human life) is a Class B felony (1 to 20 years); with a firearm it is 5 to 40 years with 5 years that cannot be suspended. Manslaughter in the second degree (recklessly causing a death, or helping someone commit suicide) is a Class C felony (1 to 10 years). Killing someone while driving drunk or drugged is manslaughter in the second degree with a motor vehicle, a Class C felony plus a one-year license suspension and two years of an ignition interlock. Causing a death by criminally negligent driving is misconduct with a motor vehicle, a Class D felony (up to 5 years); negligent driving that causes a death is negligent homicide with a motor vehicle, up to 3 years and a $3,500 fine; and other criminally negligent homicide is a Class A misdemeanor (up to 1 year). Conn. Gen. Stat. §§ 53a-55, 53a-55a, 53a-56, 53a-56b, 53a-57, 53a-58, 14-222a; Conn. Gen. Stat. §§ 53a-35a, 53a-36, 53a-41, 53a-42 |
| Delaware | Manslaughter (recklessly causing a death, intending serious injury and causing death by means likely to kill, intentionally killing under extreme emotional disturbance, or intentionally causing someone's suicide) is a Class B felony, 2 to 25 years. Criminally negligent homicide is a Class D felony (up to 8 years). Causing a death by criminally negligent driving while under the influence is vehicular homicide in the first degree, a Class C felony (up to 15 years, with a 2-year minimum). Vehicular homicide in the second degree, a Class D felony (up to 8 years), covers causing a death by criminally negligent driving, or by negligent driving while under the influence (which carries a 1-year minimum). 11 Del. C. §§ 630, 630A, 631, 632; 11 Del. C. §§ 4205, 4206 |
| District of Columbia | D.C. law does not separate voluntary and involuntary manslaughter by statute; manslaughter carries up to 30 years in prison and a fine of up to $75,000. Negligent homicide with a vehicle (causing a death by driving in a careless, reckless or negligent manner, but not willfully or wantonly, including striking a pedestrian in a crosswalk) is a felony with up to 5 years in prison. D.C. Code §§ 22-2105, 50-2203.01, 22-3571.01 |
| Florida | Manslaughter is a killing by an act, procurement or culpable negligence that is not justified, excusable or murder; it is a second-degree felony (up to 15 years and $10,000). Killing a child, an elderly or disabled adult, or an on-duty officer, firefighter, EMT or paramedic through culpable negligence is aggravated manslaughter, a first-degree felony (up to 30 years). Vehicular homicide (killing someone by driving recklessly) is a second-degree felony, and a first-degree felony if the driver flees without giving aid or has a prior conviction. DUI manslaughter is a second-degree felony, or a first-degree felony if the driver leaves the scene without rendering aid or has a prior conviction. Fla. Stat. §§ 782.07, 782.071, 316.193(3)(c)3.; Fla. Stat. §§ 775.082, 775.083 |
| Georgia | Voluntary manslaughter is a killing that would otherwise be murder but results solely from a sudden, violent and irresistible passion caused by serious provocation (with no cooling-off time); it carries 1 to 20 years. Involuntary manslaughter during an unlawful act that is not a felony carries 1 to 10 years; causing a death by doing a lawful act in an unlawful way likely to cause death or great harm is a misdemeanor. First-degree homicide by vehicle (causing a death through DUI, reckless driving, fleeing police, passing a stopped school bus, or leaving the scene of a fatal crash) carries 3 to 15 years, or 5 to 20 years for a habitual violator driving while revoked; second-degree homicide by vehicle (a death caused by any other traffic violation) is a misdemeanor. O.C.G.A. §§ 16-5-2, 16-5-3, 40-6-393 |
| Hawaii | Manslaughter is recklessly causing another person's death or intentionally causing someone to commit suicide; it is a Class A felony (indeterminate 20 years). A murder charge is reduced to manslaughter if the defendant proves extreme mental or emotional disturbance with a reasonable explanation. Vehicle deaths are negligent homicide: first degree (negligent driving while under the influence, or negligently killing a pedestrian, cyclist or other vulnerable user) is a Class B felony (10 years), raised to Class A for a highly intoxicated driver, a driver with a prior OVUII conviction within 15 years, or one driving while revoked for OVUII; second degree (negligent driving causing death) is a Class C felony (5 years); third degree (simple negligence) is a misdemeanor. Haw. Rev. Stat. §§ 707-702, 707-702.5, 707-703, 707-704; Haw. Rev. Stat. §§ 706-640, 706-659, 706-660, 706-663 |
| Idaho | Manslaughter is an unlawful killing without malice. Voluntary manslaughter (sudden quarrel or heat of passion) carries up to fifteen years and a fine up to $15,000. Involuntary manslaughter (a death during an unlawful act, a lawful act done without due caution, or careless use of a firearm or deadly weapon) carries up to ten years and a fine up to $10,000. Vehicular manslaughter is up to ten years and $10,000 when caused by an unlawful act with gross negligence; up to fifteen years and $15,000 when caused by drunk or drugged driving, rising to a mandatory minimum of five years (up to 25) with one prior DUI and ten years (up to 25) with two or more; and up to one year in jail and a $2,000 fine for an unlawful act without gross negligence. The court may also suspend the driver's license. Idaho Code §§ 18-4006, 18-4007 |
| Illinois | In Illinois, a killing in sudden intense passion from serious provocation is second degree murder, a Class 1 felony (4 to 20 years). Involuntary manslaughter is unintentionally killing someone by acts likely to cause death or great bodily harm that are performed recklessly; when the death is caused by driving a vehicle (or a snowmobile, ATV or watercraft) the offense is reckless homicide. Both are Class 3 felonies (2 to 5 years), but reckless homicide becomes a Class 2 felony with 3 to 14 years in listed situations such as school crossing zones with a guard on duty, construction zones or fleeing police, and 6 to 28 years when two or more people are killed. A DUI crash that kills someone is aggravated DUI, a Class 2 felony with 3 to 14 years for one death and 6 to 28 years for two or more, unless the court finds extraordinary circumstances requiring probation. 720 ILCS 5/9-2, 5/9-3; 625 ILCS 5/11-501(d)(1)(F), (d)(2)(G); 730 ILCS 5/5-4.5-30, -40 |
| Indiana | Voluntary manslaughter is knowingly or intentionally killing a person while acting under 'sudden heat', which reduces what would otherwise be murder; it is a Level 2 felony (10 to 30 years). Involuntary manslaughter is killing a person while committing a battery, or a Level 5 or 6 felony or Class A misdemeanor that inherently risks serious bodily injury; it is a Level 5 felony (1 to 6 years). Reckless homicide (recklessly killing another person, which covers reckless driving deaths) is also a Level 5 felony. Causing a death or catastrophic injury while driving with a 0.08 alcohol concentration, a schedule I or II drug in the blood, or while intoxicated is a Level 4 felony (2 to 12 years). IC 35-42-1-3, 35-42-1-4, 35-42-1-5; IC 9-30-5-5; IC 35-50-2-4.5, -5.5, -6 |
| Iowa | Voluntary manslaughter - a killing that would otherwise be murder but is done solely in sudden, violent and irresistible passion from serious provocation, with no cooling-off interval - is a class C felony (up to ten years and a $1,370-$13,660 fine). Involuntary manslaughter is a class D felony (up to five years) when an unintentional death is caused by a public offense other than a forcible felony or escape, and an aggravated misdemeanor (up to two years) when caused by an act likely to cause death or serious injury. Iowa's 'homicide by vehicle' is a class B felony (up to 25 years) when caused by drunk or drugged driving, with a six-year license revocation; a class C felony when caused by reckless driving (using an electronic device while driving is prima facie evidence of recklessness), eluding police, or speeding 25+ mph over the limit; and a class D felony when caused by drag racing. Iowa Code §§ 707.4, 707.5, 707.6A; class penalties from Iowa Code §§ 902.1, 902.9, 903.1 (data/criminal/iowa.json) |
| Kansas | Voluntary manslaughter - knowingly killing upon a sudden quarrel or in the heat of passion, or under an honest but unreasonable belief that deadly force was justified - is a severity level 3 person felony. Involuntary manslaughter (killing recklessly, during a non-inherently-dangerous felony or a safety misdemeanor, or doing a lawful act unlawfully) is a severity level 5 person felony, or level 3 if the victim is under six. Involuntary manslaughter while driving under the influence is a level 4 person felony, and level 3 if the driver's license was suspended, revoked or restricted for DUI or the driver is a habitual violator. Vehicular homicide - killing someone by driving in a way that is a material deviation from reasonable care (more than ordinary negligence but less than gross negligence) - is a class A person misdemeanor (up to one year in jail). K.S.A. 21-5404, 21-5405, 21-5406 |
| Kentucky | First-degree manslaughter (Class B felony, 10-20 years) covers causing a death while intending only serious injury, an intentional killing under extreme emotional disturbance, killing a child 12 or under or a helpless person through intentional abuse or neglect, and knowingly selling fentanyl that causes a death. Second-degree manslaughter (Class C felony, 5-10 years) is wantonly causing a death, including by driving, leaving a young child in a car, or distributing drugs or fentanyl that cause a death. Reckless homicide (Class D felony, 1-5 years) is recklessly causing a death. Vehicular homicide - causing a death while driving (or operating a boat or plane) under the influence - is a Class B felony. KRS 507.030, 507.040, 507.050, 507.060 |
| Louisiana | Manslaughter covers a killing that would be murder but was committed in sudden passion or heat of blood caused by provocation enough to deprive an average person of self-control, and certain unintended killings during a non-listed felony or an intentional misdemeanor against a person, or from drug distribution that significantly contributes to death. It is punished by imprisonment at hard labor for up to 40 years (10 to 40 years, without probation or suspension, if the victim was under 10). Negligent homicide (a killing by criminal negligence) carries a fine up to $5,000, up to 15 years with or without hard labor, or both (2 to 20 years at hard labor if the victim was under 13). Vehicular homicide, a death caused by a driver who is impaired or at 0.08 BAC or higher, carries a $2,000-$15,000 fine and 5 to 30 years with or without hard labor, at least 3 years of it without probation or parole (at least 5 years if BAC was 0.15 or more or the driver has a prior DWI). La. R.S. 14:31; R.S. 14:32(C); R.S. 14:32.1(B) |
| Maine | Manslaughter is recklessly or with criminal negligence causing another person's death, or an intentional killing committed under extreme anger or extreme fear brought about by adequate provocation; both are Class A crimes (up to 30 years and a $50,000 fine). An employer who knowingly violates a workplace safety standard causing an employee's death commits Class C manslaughter (up to 5 years). Maine has no separate vehicular homicide statute; operating under the influence (OUI) that in fact causes the death of another person is a Class B crime (up to 10 years) under the criminal OUI statute. 17-A M.R.S. § 203; 29-A M.R.S. § 2411(1-A)(D)(1-A), (5)(D-2); 17-A M.R.S. § 1604(1) |
| Maryland | Manslaughter (voluntary, such as a killing in the heat of passion on adequate provocation, or involuntary) is a felony punishable by up to 10 years, or up to 2 years in a local jail and/or a $500 fine; the statute says discovering a spouse's adultery, or a victim's race, sex, gender identity or sexual orientation, is not adequate provocation. Manslaughter by vehicle or vessel (causing a death by grossly negligent driving) is a felony with up to 10 years and/or $5,000 (15 years and/or $10,000 with a prior vehicular homicide or similar conviction). Criminally negligent manslaughter by vehicle or vessel is a misdemeanor with up to 3 years and/or $5,000. Homicide by motor vehicle while under the influence of alcohol is a felony with up to 5 years and/or $5,000 (10 years and/or $10,000 for a repeat offender). Md. Code, Crim. Law §§ 2-207, 2-209, 2-210, 2-503 |
| Massachusetts | Manslaughter (voluntary or involuntary, as defined by case law) is punished by up to 20 years in state prison, or by up to 2.5 years in jail plus a fine up to $1,000; manslaughter committed while violating the explosives laws carries life or any term of years. Homicide by a motor vehicle while under the influence (OUI) combined with reckless or negligent driving is a felony punished by 2.5 to 15 years in state prison (or 1 to 2.5 years in jail) and a fine up to $5,000, with at least 1 year served. Homicide by motor vehicle caused by OUI or by negligent driving is punished by 30 days to 2.5 years in jail, a $300-$3,000 fine, or both. G.L. c. 265, § 13; G.L. c. 90, § 24G(a)-(b) |
| Michigan | Manslaughter (voluntary or involuntary, as defined by Michigan case law) is a felony punishable by up to 15 years in prison, a fine up to $7,500, or both. Causing a death while operating a vehicle while intoxicated or impaired (OWI causing death) is a felony punishable by up to 15 years, a fine of $2,500 to $10,000, or both; it rises to up to 20 years (same fine) when the driver had a 0.17 or higher alcohol content and a prior conviction within 7 years, or was in a work-zone or emergency-scene violation and the victim is a police officer, firefighter or other emergency responder. Driving on a suspended or revoked license and causing a death is a separate felony with up to 15 years. MCL 750.321; MCL 257.625(4); MCL 257.904(4) |
| Minnesota | First-degree manslaughter - an intentional killing in the heat of passion provoked as a person of ordinary self-control would be (the crying of a child is not provocation), a death caused while committing a misdemeanor or gross misdemeanor with foreseeable deadly force, killing under coercion, or certain drug-distribution deaths - carries up to 15 years and/or a $30,000 fine. Second-degree manslaughter - a death caused by culpable negligence, negligently shooting someone thought to be a deer, a vicious animal, or child neglect or endangerment - carries up to 10 years and/or $20,000. Criminal vehicular homicide (a death caused by grossly negligent driving, impaired driving, a 0.08 or higher alcohol concentration, or leaving the scene, among others) carries up to 10 years and/or $20,000, rising to 15 years for impaired-driving violations within ten years of a prior qualified driving offense. Minn. Stat. §§ 609.20, 609.205, 609.2112 |
| Mississippi | Manslaughter covers killings without malice, including any other killing by the act, procurement or 'culpable negligence' of another that is not murder and not justified. It is punishable by a fine of at least $500 and/or up to one year in county jail, or by 2 to 20 years in the Department of Corrections. 'Child homicide' (an intentional but non-malicious, non-accidental killing of a child under 18 by a person over 21) carries up to 30 years. There is no separate vehicular manslaughter offense; causing a death while driving under the influence is aggravated DUI, a felony with 5 to 25 years for each death, mutilation, disfigurement or other injury. Miss. Code Ann. §§ 97-3-25, 97-3-47, 63-11-30(5) |
| Missouri | Voluntary manslaughter is a killing that would be second-degree murder but done under sudden passion arising from adequate cause, or knowingly helping someone commit suicide; it is a class B felony (5 to 15 years). Involuntary manslaughter in the first degree (recklessly causing a death) is a class C felony (3 to 10 years), and in the second degree (criminal negligence) a class E felony (up to 4 years); each is one class higher if the victim was targeted as a police officer or an officer's close relative. Causing a death through criminal negligence while driving intoxicated is charged under the DWI statute as at least a class B felony, with no parole or probation until five years are served; a repeat after such a conviction is a class A felony with a ten-year minimum. RSMo §§ 565.023, 565.024, 565.027, 577.010.2(6)-(7), .8-.9; §§ 558.011, 558.002 |
| Montana | Montana has no offense called manslaughter. Negligent homicide (negligently causing a death) carries up to 20 years in state prison and/or a fine up to $50,000. Vehicular homicide while under the influence (negligently causing a death while driving under the influence of alcohol or drugs) carries up to 30 years and/or a fine up to $50,000, the sentence may not be deferred, and restitution is required if the victim had a minor child. The killing done under extreme emotional stress is mitigated deliberate homicide (2 to 40 years). MCA 45-5-104, 45-5-106, 45-5-103 |
| Nebraska | Manslaughter is killing someone without malice upon a sudden quarrel, or unintentionally causing a death while committing an unlawful act; it is a Class IIA felony (up to 20 years). Motor vehicle homicide (unintentionally causing a death while driving in violation of a traffic law) is a Class I misdemeanor (up to one year and $1,000); it is a Class IIIA felony (up to 3 years) if caused by reckless or willful reckless driving, a Class IIA felony (up to 20 years) if caused by drunk or drugged driving or by driving while revoked for DUI, and a Class II felony (1 to 50 years) if the driver has a prior DUI conviction. A DUI-related conviction also requires a 15-year driving ban and license revocation. Neb. Rev. Stat. §§ 28-305, 28-306; Neb. Rev. Stat. § 28-105, § 28-106 |
| Nevada | Voluntary manslaughter is a category B felony with 1 to 10 years in prison and a fine up to $10,000. Involuntary manslaughter is a category D felony (1 to 4 years and a fine up to $5,000). Vehicular manslaughter (causing a death through simple negligence while driving) is a misdemeanor (up to six months and $1,000). Causing a death while driving under the influence is a category B felony with 2 to 25 years (5 to 25 with one or two prior DUI offenses) and a $2,000 to $5,000 fine, with no probation; causing substantial bodily harm carries 2 to 20 years. NRS 200.080, 200.090, 484B.657, 484C.430; NRS 193.130, 193.140, 193.150 |
| New Hampshire | Manslaughter is causing a death recklessly, or under extreme mental or emotional disturbance caused by extreme provocation (discovering a victim's sexual orientation or gender identity is not provocation); it carries up to 30 years. Negligent homicide (negligently causing a death) is a class B felony (up to 7 years and $4,000); causing a death while driving or boating under the influence of alcohol or drugs is a class A felony (up to 15 years and $4,000). For a death caused by driving the court may revoke the license (indefinitely for impaired driving, with no petition to reapply for at least 7 years). RSA 630:2, 630:3; RSA 651:2, 625:9 |
| New Jersey | Aggravated manslaughter (recklessly causing death with extreme indifference to human life, or causing a death while fleeing police) is a crime of the first degree; for the extreme-indifference form the court may impose 10 to 30 years. Manslaughter (a reckless killing, or a killing in the heat of passion from reasonable provocation) is a crime of the second degree (five to 10 years, fine up to $150,000). Reckless vehicular homicide ('death by auto or vessel') is a crime of the second degree, raised to the first degree for drunk driving in a school zone or school crossing and lowered to the third degree if the only reckless act was failing to keep in a lane; drunk driving, or driving while suspended for DWI, requires prison with a parole bar of at least three years. Strict liability vehicular homicide (causing a death while driving drunk) is a crime of the third degree (three to five years). N.J.S. 2C:11-4, 2C:11-5, 2C:11-5.3; N.J.S. 2C:43-3, 2C:43-6, 2C:43-8 |
| New Mexico | Manslaughter is an unlawful killing without malice. Voluntary manslaughter (upon a sudden quarrel or in the heat of passion) is a third degree felony resulting in the death of a human being: basic sentence 6 years, fine up to $5,000. Involuntary manslaughter (during an unlawful act that is not a felony, or a lawful act done without due caution) is a fourth degree felony: basic sentence 18 months, fine up to $5,000. Homicide by vehicle (killing someone by unlawfully operating a motor vehicle) is a second degree felony (basic sentence 9 years, fine up to $10,000) if the driver was under the influence of alcohol or drugs, with the basic sentence increased by four years for each prior DWI conviction within ten years; it is a third degree felony (3 years) if the driver was driving recklessly under § 66-8-113. NMSA 1978, § 30-2-3; § 66-8-101(A), (C), (D), (F); § 31-18-15(A), (E) |
| New York | Manslaughter in the first degree (causing death while intending serious injury, an intentional killing under extreme emotional disturbance, or an adult causing a child under 11's death while intending injury) is a class B felony (up to 25 years). Manslaughter in the second degree (recklessly causing a death, or intentionally causing or aiding a suicide) is a class C felony (up to 15 years). Criminally negligent homicide is a class E felony (up to four years). Vehicular manslaughter (causing a death while driving impaired by alcohol or drugs) is a class D felony in the second degree (up to seven years) and a class C felony in the first degree when aggravated, for example by a BAC of .18 or more, a suspended license, a prior DWI within ten years, multiple deaths, or killing a passenger 15 or younger. Aggravated vehicular homicide (reckless impaired driving with such an aggravator) is a class B felony. N.Y. Penal Law §§ 125.10, 125.12, 125.13, 125.14, 125.15, 125.20; N.Y. Penal Law §§ 70.00, 70.15 |
| North Carolina | Voluntary manslaughter is a Class D felony and involuntary manslaughter is a Class F felony. Felony death by vehicle (unintentionally causing a death while driving impaired) is a Class D felony; aggravated felony death by vehicle (with a prior impaired-driving conviction within seven years) is a Class D felony sentenced in the aggravated range; and repeat felony death by vehicle is a Class B2 felony. Misdemeanor death by vehicle (a death caused by another traffic violation) is a Class A1 misdemeanor. N.C. Gen. Stat. §§ 14-18, 20-141.4 |
| North Dakota | Manslaughter (recklessly causing another person's death) is a class B felony (up to 10 years and a $20,000 fine). Negligent homicide (negligently causing a death) is a class C felony (up to five years and a $10,000 fine). Criminal vehicular homicide (causing a death while driving under the influence) is a class A felony (up to 20 years) with a mandatory minimum of three years, or ten years if the driver has a prior DUI or reckless-driving conviction; causing substantial or serious bodily injury while driving under the influence is criminal vehicular injury, a class B felony with at least one year and one day. N.D.C.C. §§ 12.1-16-02, 12.1-16-03, 39-08-01.2; N.D.C.C. § 12.1-32-01 |
| Ohio | Voluntary manslaughter (knowingly killing under sudden passion or rage brought on by serious provocation from the victim) is a felony of the first degree (a stated minimum of three to 11 years). Involuntary manslaughter is a first-degree felony when the death results from committing a felony, and a third-degree felony (nine to 36 months) when it results from a misdemeanor. Aggravated vehicular homicide is a second-degree felony with mandatory prison when caused by drunk or drugged driving (first degree with aggravating priors or a suspended license), and a third-degree felony when caused recklessly; vehicular homicide (negligent) is a first-degree misdemeanor (up to 180 days) and vehicular manslaughter (from a minor traffic violation) a second-degree misdemeanor, both raised when the driver was suspended or has prior traffic-homicide convictions. R.C. 2903.03, 2903.04, 2903.06; R.C. 2929.14, 2929.18, 2929.24, 2929.28 |
| Oklahoma | First-degree manslaughter (Class A2 felony) is a killing without intent to kill while committing a misdemeanor, or in the heat of passion but in a cruel and unusual manner or with a dangerous weapon, or unnecessarily while resisting a crime by the person killed; it is punished by at least four (4) years in prison. Second-degree manslaughter (Class B5 felony) is any other killing by act, procurement or culpable negligence that is not murder, first-degree manslaughter, or excusable or justifiable homicide; it is punished by two (2) to four (4) years in prison, or up to one (1) year in county jail, or a fine up to $1,000, or both. Killing someone by driving in reckless disregard of others' safety (death within one year) is negligent homicide, a misdemeanor punished by up to one (1) year in county jail or a fine of at least $1,000, or both (fine doubled if the driver had a traffic conviction in the prior three years), and the driver's license is revoked. 21 O.S. §§ 711, 715, 716, 722; 47 O.S. § 11-903 |
| Oregon | First-degree manslaughter, a Class A felony (up to 20 years), is a reckless killing showing extreme indifference to human life, an intentional killing under extreme emotional disturbance, a reckless death of a child under 14 or dependent person by abuse or neglect, or a death caused by a drunk driver with three prior DUIs in 10 years or a prior DUI assault. Second-degree manslaughter, a Class B felony (up to 10 years), is a reckless killing, intentionally causing or aiding a suicide, or a negligent death of a child or dependent person by abuse or neglect. Criminally negligent homicide is a Class B felony. Aggravated vehicular homicide (a DUI death by someone with a prior vehicular homicide or manslaughter conviction) is a Class A felony. ORS 163.118, 163.125, 163.145, 163.149 |
| Pennsylvania | Voluntary manslaughter is killing without lawful justification while acting under a sudden and intense passion from serious provocation, or intentionally killing in the unreasonable belief that the killing was justified; it is a felony of the first degree (up to 20 years). Involuntary manslaughter is causing a death by doing an unlawful or lawful act in a reckless or grossly negligent way; it is a misdemeanor of the first degree (up to 5 years), or a felony of the second degree (up to 10 years) if the victim was under 12 and in the defendant's care. Homicide by vehicle (recklessly or with gross negligence causing a death while breaking a traffic law) is a felony of the third degree (up to 7 years). Homicide by vehicle while DUI is a felony of the second degree with a mandatory minimum of three years per victim, or a felony of the first degree with a five- or seven-year minimum per victim for repeat offenders or certain cases. 18 Pa.C.S. §§ 2503, 2504; 75 Pa.C.S. §§ 3732, 3735 |
| Rhode Island | Rhode Island's statute does not divide manslaughter into voluntary and involuntary degrees by statute; every person who commits manslaughter may be imprisoned for up to thirty (30) years. Driving in reckless disregard of others' safety that causes a death ('driving so as to endanger, resulting in death') is punished by up to ten (10) years and up to a five-year license suspension. Driving under the influence resulting in death is punished by five (5) to fifteen (15) years, a $5,000 to $10,000 fine and a five-year license revocation for a first offense, and ten (10) to twenty (20) years and a $10,000 to $20,000 fine for a second within five years. R.I. Gen. Laws §§ 11-23-3, 31-27-1, 31-27-2.2 |
| South Carolina | Voluntary manslaughter, the unlawful killing of another without malice, express or implied, is punished by two (2) to thirty (30) years in prison. Involuntary manslaughter requires criminal negligence (reckless disregard of the safety of others) and is punished by up to five (5) years. Reckless vehicular homicide, a death within three years caused by driving in reckless disregard of others' safety, is a felony punished by a $1,000 to $5,000 fine and/or up to ten (10) years, plus a five-year license revocation. Felony DUI resulting in death carries a mandatory $10,100 to $25,100 fine and one (1) to twenty-five (25) years in prison, with no suspension or probation. S.C. Code §§ 16-3-50, 16-3-60; 56-5-2910, 56-5-2945 |
| South Dakota | First-degree manslaughter (Class C felony, up to life) is a killing without design to cause death during a felony other than those that make it murder, in the heat of passion but in a cruel and unusual manner, by means of a dangerous weapon, or unnecessarily while resisting a crime or after the attempt failed. Second-degree manslaughter is any other reckless killing that is not murder or excusable or justifiable homicide; it is a Class 4 felony (up to 10 years). Vehicular homicide, causing a death by driving negligently while under the influence of alcohol or drugs, is a Class 3 felony (up to 15 years) with a license revocation of at least ten years. SDCL 22-16-15, 22-16-20, 22-16-41; 22-6-1 |
| Tennessee | Voluntary manslaughter (an intentional or knowing killing in a state of passion produced by adequate provocation) is a Class B felony (8 to 30 years); a 2023 law raised it from Class C. Reckless homicide is a Class D felony (2 to 12 years) and criminally negligent homicide is a Class E felony (1 to 6 years). Vehicular homicide (a reckless killing while driving) is a Class B felony when caused by intoxication, a Class C felony (3 to 15 years) when caused by conduct creating a substantial risk of death or by drag racing, and a Class D felony in a posted work zone; the court must also bar the person from driving for 3 to 10 years. Aggravated vehicular homicide (intoxication plus listed prior DUI or vehicular convictions, or a BAC of .15% plus a prior) is a Class A felony (15 to 60 years). Tenn. Code Ann. §§ 39-13-211, 39-13-212, 39-13-213, 39-13-215, 39-13-218; Tenn. Code Ann. § 40-35-111 |
| Texas | Texas has no 'voluntary manslaughter' (a sudden-passion killing is treated as second-degree murder). Manslaughter (recklessly causing a death) is a second-degree felony (2 to 20 years, up to $10,000 fine), or first degree if tied to an illegal motor vehicle race (Penal Code 28.09). Criminally negligent homicide is a state jail felony (180 days to 2 years). Intoxication manslaughter (causing a death by accident or mistake while intoxicated and driving, flying, boating or operating an amusement ride) is a second-degree felony, raised to first degree (5 to 99 years or life) if the victim was a firefighter, EMS worker, peace officer or judge on duty, or in other circumstances set by 2025 amendments. Tex. Penal Code §§ 19.04, 19.05, 49.08, 49.09(b-2); Tex. Penal Code §§ 12.21-12.35 |
| Utah | Manslaughter (recklessly causing a death, or a murder reduced by special mitigation) is a second-degree felony (1 to 15 years, up to $10,000 fine). Negligent homicide (causing a death with criminal negligence) is a class A misdemeanor (up to 364 days and $2,500). Automobile homicide (negligently driving while at .05 BAC or higher or impaired, or criminally negligent driving with a controlled substance in the body) is a second-degree felony with a 5-to-15-year term; automobile homicide while using a handheld phone is a third-degree felony (up to 5 years), or second degree if criminally negligent. A driver's license is revoked when a manslaughter or negligent homicide conviction comes from driving. Utah Code §§ 76-5-205, 76-5-206, 76-5-207, 76-5-207.5; Utah Code §§ 76-3-203, 76-3-204, 76-3-205, 76-3-301 |
| Vermont | Vermont does not divide manslaughter into voluntary and involuntary by statute; manslaughter is punished by 1 to 15 years in prison, a fine up to $3,000, or both. Grossly negligent driving that causes a death carries up to 15 years or a $15,000 fine, and ordinary negligent driving causing death up to 2 years or $3,000. DUI causing a death carries 1 to 15 years or a fine up to $10,000; these driving statutes do not bar a manslaughter prosecution. 13 V.S.A. § 2304; 23 V.S.A. §§ 1091, 1210(f) |
| Virginia | Voluntary manslaughter and involuntary manslaughter are each a Class 5 felony: 1 to 10 years, or up to 12 months in jail and/or a $2,500 fine at the jury's or court's discretion. Unintentionally causing a death while driving under the influence is involuntary manslaughter; if the conduct was so gross, wanton and culpable as to show reckless disregard for human life, it is aggravated involuntary manslaughter, punished by 1 to 20 years with a one-year mandatory minimum. A DUI manslaughter conviction also revokes the driver's license. Va. Code §§ 18.2-35, 18.2-36, 18.2-36.1; Va. Code §§ 18.2-10, 18.2-11 |
| Washington | First-degree manslaughter (recklessly causing a death) is a class A felony (up to life and $50,000). Second-degree manslaughter (causing a death with criminal negligence) is a class B felony (up to 10 years and $20,000). Vehicular homicide (a death within three years caused by driving while impaired, recklessly, or with disregard for others' safety) is a class A felony, with two years added to the sentence for each prior DUI-type offense when the driver was impaired. RCW 9A.32.060, 9A.32.070, 46.61.520; RCW 9A.20.021 |
| West Virginia | Voluntary manslaughter is a felony with a definite term of 5 to 25 years in the penitentiary (no parole before 5 years served). Involuntary manslaughter is a misdemeanor: up to 1 year in jail, a fine of up to $1,000, or both. Killing someone by driving in reckless disregard for others' safety is vehicular homicide, a misdemeanor (up to 1 year in jail and/or a $1,000-$10,000 fine); in a school zone or construction zone it is a felony (2-10 years and/or $2,500-$5,000). Aggravated vehicular homicide (deliberate disregard for safety) is 1-5 years and/or up to $20,000. Causing a death while driving impaired (DUI causing death) is a felony of 3-15 years plus a $1,000-$3,000 fine, or 5-30 years plus a $2,000-$10,000 fine and lifetime license revocation if the impaired driver also acted with deliberate disregard for others' safety ("Baylea's Law," 2026). W. Va. Code §§ 61-2-4, 61-2-5, 17C-5-1, 17C-5-2(b) |
| Wisconsin | Wisconsin has no offense named manslaughter. Killing with intent to kill but with mitigating circumstances (adequate provocation, an honest but unreasonable belief in the need for self-defense, or unreasonable force to prevent a felony) is second-degree intentional homicide, a Class B felony (up to 60 years). Causing a death by negligent handling of a dangerous weapon, explosives or fire is a Class G felony (up to 10 years and/or $25,000), as is causing a death by negligent operation of a vehicle. Causing a death by driving while intoxicated, with a prohibited alcohol concentration, or with a restricted controlled substance in the blood is a Class D felony (up to 25 years), or Class C (up to 40 years) with a prior OWI-type conviction, suspension or revocation; the court must impose at least 5 years of initial confinement unless it states a compelling reason on the record. Wis. Stat. §§ 940.05, 940.01(2), 940.08, 940.09, 940.10; Wis. Stat. §§ 939.50, 939.51 |
| Wyoming | Manslaughter is killing without malice, either voluntarily upon a sudden heat of passion or involuntarily but recklessly: a felony with up to 20 years in prison (10 to 30 years if the defendant knew the victim was pregnant). Causing a death by criminal negligence is criminally negligent homicide, a misdemeanor with up to 1 year and/or a $2,000 fine. Causing a death by driving in a criminally negligent manner is homicide by vehicle, a misdemeanor (up to 1 year in county jail and/or $2,000). Aggravated homicide by vehicle, causing a death while driving drunk or impaired or while driving recklessly, is a felony with up to 20 years. Either vehicle conviction requires license revocation, and a drunk-driving aggravated homicide bars an ignition-interlock license. W.S. 6-2-105, 6-2-106, 6-2-107, 6-2-109 |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.