According to the Federal Bureau of Investigation’s Uniform Crime Reporting (UCR) Program, manslaughter by negligence — also called involuntary manslaughter — accounted for roughly 7% of all homicides in the U.S. in recent years.
Is involuntary manslaughter a felony? Yes, in most jurisdictions across the United States, involuntary manslaughter is classified as a felony.
However, the level of the felony (e.g., second-degree, third-degree) and the penalties vary from state to state.
What is Involuntary Manslaughter?
Involuntary manslaughter is the unintentional killing of another person due to:
- Criminal negligence, or
- Reckless or unlawful acts not intended to cause death
Unlike murder or voluntary manslaughter, there’s no intent to kill — but someone’s life was still lost due to someone else’s careless or illegal behavior.
Legal Definition (Simplified):
“An unlawful killing that occurs without intent, often due to reckless or negligent behavior.”
Is Involuntary Manslaughter a Felony?
Yes — in almost all U.S. states, involuntary manslaughter is a felony.
Felony vs. Misdemeanor:
- Felony: Serious crimes, usually punishable by more than 1 year in prison (state or federal)
- Misdemeanor: Lesser crimes, punishable by less than 1 year in jail
How It’s Classified:
| State | Classification | Max Penalty |
|---|---|---|
| California | Felony | Up to 4 years |
| Texas | Felony (State Jail) | Up to 2 years |
| New York | Class E Felony | 1.5 to 4 years |
| Florida | Second-degree Felony | Up to 15 years |
| Georgia | Felony | 1 to 10 years |
| Federal Law | Felony | Up to 8 years (18 U.S. Code § 1112) |
So in all these cases, the classification is a felony, although the degree and penalty vary by jurisdiction.
2 Types of Involuntary Manslaughter
1. Criminal Negligence (Gross Negligence Manslaughter)
Occurs when someone fails to exercise reasonable care — and that failure causes someone’s death.
Example:
- A parent leaves a toddler in a hot car, forgetting they’re inside.
- A doctor overprescribes painkillers recklessly, leading to overdose and death.
2. Unlawful Act Manslaughter (Misdemeanor Manslaughter Rule)
Occurs when someone commits a non-felony illegal act, and that act unintentionally results in death.
Example:
- A bar fight where someone is pushed and hits their head.
- Illegal street racing where a pedestrian is struck and killed.
If the underlying act is a felony, the charge could be upgraded to felony murder.
More Opportunities: Is a DUI a Criminal Offense?
Real-Life Examples of Involuntary Manslaughter
Case #1: Michael Jackson’s Doctor (2011)
Dr. Conrad Murray was convicted of involuntary manslaughter for giving Michael Jackson a lethal dose of Propofol.
- Outcome: Convicted in California
- Sentence: 4 years in prison
- Why Felony? Negligent medical treatment caused death
Case #2: Alec Baldwin (Rust Movie Set Shooting)
Initially charged with involuntary manslaughter in the 2021 accidental shooting on the movie set of Rust.
- Charges later dropped pending further investigation.
- Case highlights reckless behavior that can fall under this statute.
Case #3: DUI Manslaughter in Florida
A drunk driver ran a red light, killing another motorist.
- Charge: DUI Manslaughter
- Sentence: Up to 15 years
- Why Felony? Driving under the influence is a criminal act, and it led to a fatality
Involuntary Manslaughter vs. Other Homicide Charges
| Crime | Intent to Kill? | Example | Penalty |
|---|---|---|---|
| Murder (1st degree) | Yes, premeditated | Planned shooting | Life / Death penalty |
| Murder (2nd degree) | Yes, not premeditated | Bar fight escalates to shooting | 15 to life |
| Voluntary Manslaughter | Yes, but in heat of moment | Crime of passion | 3–11 years |
| Involuntary Manslaughter | No | DUI death / medical error | 1–15 years |
Involuntary manslaughter is the lowest form of homicide but still more severe than negligent homicide.
Penalties for Involuntary Manslaughter
General Penalties Include:
- Prison Time: 1–20 years depending on the state
- Probation: In some states, for lesser circumstances
- Fines: $1,000 – $10,000 or more
- Restitution to Victim’s Family
- Loss of Professional License: Especially for doctors, nurses, etc.
Sentencing Factors:
- Degree of negligence
- Criminal history
- Victim’s age or vulnerability
- Remorse or cooperation
- State laws
Fun Fact:
In Georgia, involuntary manslaughter can carry as little as 1 year, but “felony involuntary manslaughter” (from an unlawful act) can carry up to 10 years.
State-by-State Differences
| State | Felony? | Classification | Maximum Sentence | Notes |
|---|---|---|---|---|
| Alabama | Yes | Class C Felony | 10 years | Called Criminally Negligent Homicide |
| Alaska | Yes | Class A Felony | 20 years | Under “Manslaughter” statute |
| Arizona | Yes | Class 2 Felony | 12.5 years | Covered under general manslaughter |
| Arkansas | Yes | Class C Felony | 10 years | Clear statutory distinction |
| California | Yes | Felony | 4 years | Penal Code § 192(b) |
| Colorado | Yes | Class 4 Felony | 6 years | Up to 12 years with aggravating factors |
| Connecticut | Yes | Class C Felony | 10 years | Includes criminally negligent homicide |
| Delaware | Yes | Class D Felony | 8 years | Title 11, § 632 |
| Florida | Yes | Second-degree Felony | 15 years | Includes DUI manslaughter |
| Georgia | Yes | Felony | 10 years | Two types: lawful act & unlawful act |
| Hawaii | Yes | Class B Felony | 10 years | HRS §707-702 |
| Idaho | Yes | Felony | 10 years | Title 18-4006 |
| Illinois | Yes | Class 3 Felony | 5 years | 720 ILCS 5/9-3 |
| Indiana | Yes | Level 5 Felony | 6 years | Up to 16 years if aggravating |
| Iowa | Yes | Class D Felony | 5 years | 707.5 Involuntary Manslaughter |
| Kansas | Yes | Level 5 Felony | 136 months (≈11 years) | Sentence based on criminal history |
| Kentucky | Yes | Class D Felony | 5 years | KRS §507.040 |
| Louisiana | Yes | Felony | 5 years | RS 14:32 |
| Maine | Yes | Class C Felony | 5 years | 17-A §203 |
| Maryland | Yes | Felony | 10 years | Distinction between gross negligence & DUI |
| Massachusetts | Yes | Felony | 20 years | Common law based offense |
| Michigan | Yes | Felony | 15 years | Section 750.321 |
| Minnesota | Yes | Felony | 10 years | Two degrees of manslaughter |
| Mississippi | Yes | Felony | 20 years | § 97-3-47 |
| Missouri | Yes | Class C Felony | 7 years | DUI variation can be Class B |
| Montana | Yes | Felony | 20 years | MCA 45-5-103 |
| Nebraska | Yes | Class IIA Felony | 20 years | No minimum sentence |
| Nevada | Yes | Category D Felony | 4 years | NRS 200.070–200.090 |
| New Hampshire | Yes | Class B Felony | 7 years | Called “Negligent Homicide” |
| New Jersey | Yes | Second-degree Crime | 10 years | N.J.S.A. 2C:11-4 |
| New Mexico | Yes | Fourth-degree Felony | 18 months | Statute 30-2-3 |
| New York | Yes | Class E Felony | 4 years | Penal Law §125.15(1) |
| North Carolina | Yes | Class F Felony | 41 months | Structured sentencing applies |
| North Dakota | Yes | Class C Felony | 5 years | NDCC §12.1-16-02 |
| Ohio | Yes | Third-degree Felony | 5 years | ORC 2903.04 |
| Oklahoma | Yes | Felony | 4 years | 21 O.S. § 711 |
| Oregon | Yes | Class B Felony | 10 years | ORS §163.125 |
| Pennsylvania | Yes | First-degree Misdemeanor / Felony (DUI) | 2.5–10 years | Depends on cause |
| Rhode Island | Yes | Felony | 30 years | §11-23-3 |
| South Carolina | Yes | Felony | 5 years | Title 16 Chapter 3 |
| South Dakota | Yes | Class C Felony | 10 years | DUI manslaughter is Class C |
| Tennessee | Yes | Class C Felony | 15 years | TCA §39-13-215 |
| Texas | Yes | State Jail Felony | 2 years | PC §19.05 |
| Utah | Yes | Second-degree Felony | 15 years | §76-5-205 |
| Vermont | Yes | Felony | 15 years | Title 13, §2304 |
| Virginia | Yes | Class 5 Felony | 10 years | §18.2-36.1 |
| Washington | Yes | Class B Felony | 10 years | RCW 9A.32.070 |
| West Virginia | Yes | Felony | 15 years | §61-2-5 |
| Wisconsin | Yes | Class G Felony | 10 years | §940.06 |
| Wyoming | Yes | Felony | 20 years | W.S. 6-2-105 |
Possible Legal Defenses
People charged with involuntary manslaughter may argue:
- Lack of Negligence: They acted with reasonable care
- Intervening Cause: Something else caused the death (e.g., victim’s own actions)
- Lack of Proximate Cause: Defendant’s action wasn’t directly responsible
- No Criminal Act: For unlawful act manslaughter, defense may argue the act was legal or excusable
- Self-Defense or Accident: Especially in cases involving physical altercations
Even if the death was an accident, negligence or recklessness can lead to conviction.
How Are Juvenile Offenders Handled?
In most cases, juveniles charged with involuntary manslaughter:
- Are tried in juvenile court
- May face rehabilitation-focused penalties
- Can be tried as adults for egregious cases (e.g., vehicular homicide)
Can You Be Sued Civilly for Involuntary Manslaughter?
Absolutely.
Even if you’re acquitted or serve a criminal sentence, the victim’s family may file a wrongful death lawsuit against you in civil court.
Standard of proof in civil court: Preponderance of the evidence (lower than criminal standard of beyond a reasonable doubt)
Federal Law: 18 U.S. Code § 1112
Under federal law, involuntary manslaughter is a felony with:
- Up to 8 years imprisonment
- Applicable on federal lands or crimes involving federal employees or agencies
Example:
- A death caused by negligence in a federal hospital
- Accidents during military training
Is Jail Always Mandatory?
Not necessarily. In rare or minor cases, courts may impose:
- House arrest
- Community service
- Probation
- Deferred judgment
But when death results from reckless or illegal behavior, prison time is very likely.
What To Do If You or Someone You Know is Facing Charges?
- Get a qualified criminal defense attorney with experience in manslaughter cases.
- Document everything — witness names, timeframes, evidence.
- Do not talk to police without legal representation.
- Seek therapy or counseling, especially if trauma is involved.
- Understand your rights under both state and federal laws.
FAQs
Can involuntary manslaughter be expunged?
Yes, in some states after completing your sentence, but eligibility depends on state law and whether the crime involved serious bodily harm.
Is DUI manslaughter the same as involuntary manslaughter?
DUI manslaughter is a specific form of involuntary manslaughter — and is often treated more severely.
Can you be charged with both murder and involuntary manslaughter?
Not for the same death, but prosecutors may file multiple charges during pre-trial to see what sticks.
