Manslaughter Degrees Explained: First, Second, and Third
Independently fact-checked against primary sources (last audited August 4, 2026). · Law checked current as of August 9, 2026. · 22 primary sources cited on this page. How we verify our legal content
Most states classify manslaughter as voluntary or involuntary rather than by degree. Where degrees apply, first-degree manslaughter is an intentional killing in the heat of passion, second-degree covers reckless or criminally negligent killings, and no state currently charges an offense called third-degree manslaughter.
Manslaughter is the unlawful killing of another person without the malice aforethought required for a murder charge. The critical distinction between murder and manslaughter is not whether someone died, but the mental state of the person who caused the death.
This guide explains the different types and degrees of manslaughter, how they differ from murder, vehicular manslaughter laws, penalties by state, and the legal defense of provocation.
Voluntary vs. Involuntary Manslaughter
Most states classify manslaughter into two categories: voluntary and involuntary. Understanding the difference is essential because the penalties and legal implications differ significantly.
Voluntary Manslaughter
Voluntary manslaughter is an intentional killing committed in the "heat of passion" after legally adequate provocation. The person intended to kill or cause serious harm, but the act was not premeditated. It happened as an immediate emotional response to extreme provocation.
Example: A person walks into their home, discovers their spouse in an act of infidelity, and immediately kills the other party in a rage. The killing was intentional but not planned.
Voluntary manslaughter is sometimes called a "lesser included offense" of murder because prosecutors may offer it as an alternative when the evidence does not fully support premeditation, or when a jury believes the defendant was adequately provoked.
Typical penalties: 3 to 20 years in prison, depending on the state.
Involuntary Manslaughter
Involuntary manslaughter is an unintentional killing caused by criminal negligence or reckless conduct. The person did not intend to kill anyone, but their actions were so careless or reckless that death resulted.
Examples:
- A person handling a firearm recklessly, causing it to discharge and kill a bystander
- A caretaker neglecting a dependent person, leading to death
- Providing illegal drugs to someone who overdoses and dies
Involuntary manslaughter carries lighter penalties than voluntary manslaughter because there was no intent to kill.
Typical penalties: 1 to 10 years in prison. Some states classify certain involuntary manslaughter charges as misdemeanors carrying up to 1 year.
The Degree System
Most states use the voluntary/involuntary classification rather than numbered degrees. However, several states organize manslaughter charges by degree.
States That Use Degrees
| State | First Degree | Second Degree |
|---|---|---|
| Minnesota | Heat of passion on adequate provocation; a fifth-degree assault or other misdemeanor committed with force and violence making death or great bodily harm foreseeable; a death proximately caused by distributing a Schedule III, IV, or V controlled substance. Up to 15 years (Minn. Stat. 609.20) | Culpable negligence creating unreasonable risk; negligent use of a firearm. Up to 10 years (Minn. Stat. 609.205) |
| New York | Intent to cause serious physical injury resulting in death; an intentional killing committed under extreme emotional disturbance; an adult recklessly causing the death of a child under 11. Class B felony (N.Y. Penal 125.20) | Recklessly causing death, or aiding a suicide. Class C felony (N.Y. Penal 125.15) |
| Oregon | Recklessly under circumstances manifesting extreme indifference to the value of human life, or an intentional killing under extreme emotional disturbance. Class A felony (ORS 163.118) | Committed recklessly. Class B felony (ORS 163.125) |
| Washington | Recklessly causing death. Class A felony (RCW 9A.32.060) | Criminal negligence causing death. Class B felony (RCW 9A.32.070) |
| Connecticut | Intent to cause serious physical injury resulting in death; an intentional killing committed under extreme emotional disturbance; or recklessly creating a grave risk of death under circumstances evincing extreme indifference to human life. Class B felony (Conn. Gen. Stat. 53a-55) | Recklessly causing death, or intentionally aiding a suicide. Class C felony (Conn. Gen. Stat. 53a-56) |
How degrees map to voluntary/involuntary:
- First-degree manslaughter generally corresponds to voluntary manslaughter (intentional act, provocation, heat of passion)
- Second-degree manslaughter generally corresponds to involuntary manslaughter (recklessness, criminal negligence)
The mapping is a rough guide, not a rule, and most of the states above depart from it somewhere.
Washington departs completely. Its first-degree offense is the reckless one and its second-degree offense is the criminally negligent one, so both degrees sit on the involuntary side.
Oregon and Connecticut depart partly, because each packs a reckless killing into the first degree alongside the intentional ones. ORS 163.118(1)(a) reaches a homicide "committed recklessly under circumstances manifesting extreme indifference to the value of human life," and Conn. Gen. Stat. 53a-55(a)(3) reaches a defendant who, "under circumstances evincing an extreme indifference to human life," recklessly creates a grave risk of death and causes a death. In both states a first-degree manslaughter conviction tells you nothing by itself about whether the killing was intentional.
Minnesota stretches in a different direction. Beyond heat of passion, its first-degree offense covers a misdemeanor assault that turns fatal and a death proximately caused by distributing a Schedule III, IV, or V controlled substance, neither of which is an intentional killing.
Watch out (Oregon): Oregon's second-degree manslaughter is primarily a recklessness offense. ORS 163.125(1)(a) applies when a criminal homicide "is committed recklessly." Criminal negligence appears only in a narrow carve-out at ORS 163.125(1)(c), limited to the death of a child under 14 or a dependent person. Oregon's general negligence-based homicide is a separate crime, criminally negligent homicide under ORS 163.145, a Class B felony that sits outside the manslaughter degree scheme entirely.
No State Currently Charges Third-Degree Manslaughter
A common misconception: no state has a criminal charge called "third-degree manslaughter." The confusion has three usual sources.
Third-degree murder. This is the most frequent mix-up. Third-degree murder exists only in Florida, Minnesota, and Pennsylvania. Third-degree murder and manslaughter are distinct charges with different elements and penalties.
New Mexico's felony grading. Section 30-2-3 NMSA 1978 makes voluntary manslaughter "a third degree felony" and involuntary manslaughter a fourth degree felony (NMSA 1978, chapter 30, published by the New Mexico Compilation Commission). Those are severity labels on New Mexico's general felony scale, not charge names. New Mexico prosecutes voluntary manslaughter, not "manslaughter in the third degree."
Pending New York legislation. New York Senate Bill S6425, known as Barreto's Law, would add Penal Law 125.11-a and create vehicular manslaughter in the third degree, a class E felony. It is not law. See the Recent and Pending Changes section below.
How Manslaughter Differs from Murder
The key difference is malice aforethought.
| Element | Murder | Manslaughter |
|---|---|---|
| Malice aforethought | Required | Absent |
| Intent to kill | Yes (1st/2nd degree) or extreme recklessness | Possible (voluntary) or absent (involuntary) |
| Premeditation | Required for 1st degree | Never present |
| Provocation defense | Not applicable | Reduces murder to voluntary manslaughter |
| Typical penalty | 15 years to life/death | 1 to 20 years |
Malice aforethought means the defendant acted with an intent to kill, an intent to cause serious bodily harm, or with a "depraved heart" showing extreme disregard for human life. When malice is present, the charge is murder. When malice is absent, the charge is manslaughter.
The provocation defense is the most common way a killing that might otherwise be murder gets reduced to voluntary manslaughter. If the defendant was adequately provoked and acted in the heat of passion before a reasonable cooling-off period, the charge may be reduced from murder to manslaughter.
The Provocation Defense
For a killing to qualify as voluntary manslaughter rather than murder, four elements must be present:
-
Adequate provocation: The provocation must be severe enough that a reasonable person might lose self-control. Discovering a spouse in an act of infidelity, being subjected to a serious physical assault, or witnessing the violent harm of a loved one may qualify.
-
Actual passion: The defendant must have actually been in an emotional state (rage, fear, terror) at the time of the killing.
-
No cooling-off period: The killing must have occurred before a reasonable person would have had time to calm down. If significant time passes between the provocation and the killing, the defense fails.
-
Causal connection: The provocation must have actually caused the passionate response that led to the killing.
Words alone are generally not sufficient provocation in most jurisdictions. Insults, threats, or offensive language, without accompanying physical action, typically do not qualify as adequate provocation to reduce murder to manslaughter.
Vehicular Manslaughter
Most states have separate statutes for deaths caused by reckless, negligent, or impaired driving.
How Vehicular Manslaughter Works
Vehicular manslaughter (or vehicular homicide) applies when a person causes death while operating a motor vehicle in a reckless, negligent, or impaired manner. Most states have a distinct vehicular homicide or vehicular manslaughter statute.
A few states have no vehicle-specific homicide offense and charge these deaths under their general manslaughter or negligent homicide statutes instead. Published lists of which states those are disagree with each other, so check your own state's criminal code rather than assuming a vehicle-specific charge does or does not exist where you live.
DUI Manslaughter
Killing someone while driving under the influence of alcohol or drugs carries significantly enhanced penalties in most states. DUI-related vehicular homicide is treated as a more serious offense than vehicular manslaughter caused by non-impaired recklessness.
| State | DUI Vehicular Homicide Penalty |
|---|---|
| Florida | Second-degree felony, up to 15 years, with a 4-year mandatory minimum. Two separate triggers raise it to a first-degree felony, up to 30 years (Fla. Stat. 316.193(3)(c)3, 775.082) |
| California | Gross vehicular manslaughter while intoxicated: 4, 6, or 10 years. 15 years to life if the defendant has one or more qualifying prior convictions (Cal. Penal Code 191.5(c)(1), (d)) |
| New York | 1 to 15 years (vehicular manslaughter in the first degree, a class C felony) (N.Y. Penal 125.13, 70.00) |
| Texas | 2 to 20 years (intoxication manslaughter, a second-degree felony) (Tex. Penal Code 49.08, 12.33) |
| Georgia | 3 to 15 years (homicide by vehicle in the first degree, OCGA 40-6-393(a)) |
The California row is the one people most often get backwards. The 4, 6, or 10 year term is the ordinary sentence for gross vehicular manslaughter while intoxicated under Penal Code 191.5(c)(1) and requires no prior conviction at all. A single qualifying prior conviction, not a string of them, is what triggers the 15 years to life term under Penal Code 191.5(d).
Florida's 30-year exposure has two independent triggers, and the second one is easy to miss. Section 316.193(3)(c)3.b raises DUI manslaughter to a first-degree felony when, at the time of the crash, the driver knew or should have known that the crash occurred and then failed to give information and render aid as section 316.062 requires. Section 316.193(3)(c)3.c raises it separately when the driver has a prior conviction under that same DUI manslaughter subparagraph, under the boating-under-the-influence manslaughter provision the statute cross-references, or under section 782.071 (vehicular homicide) or section 782.072 (vessel homicide). A driver carrying one of those priors faces the 30-year ceiling whether or not anyone left the scene.
Drug-Induced Homicide
A growing number of states have enacted drug-induced homicide laws that allow manslaughter or murder charges against a person who provides illegal drugs to someone who overdoses and dies.
Temple University's Center for Public Health Law Research reported in January 2025 that 31 states and the District of Columbia had drug-induced homicide laws as of May 1, 2024, up from 24 states in 2018, a 33% increase. That is the most recent statewide count we have been able to source, so treat 31 as a May 2024 figure rather than a current-year total.
New York has considered, but has not passed, a dedicated drug-induced manslaughter charge. Senate Bill S2372, known as Chelsey's Law, would make it manslaughter or aggravated manslaughter to sell or deliver a controlled substance while knowing, or having reasonable grounds to know, that it is likely to cause death, where the substance causes or contributes to a death. The bill has never passed either chamber. It was referred to the Senate Codes Committee on January 16, 2025 and again on January 7, 2026, and it remains there (S2372 bill status).
These laws are controversial because they can deter people from calling 911 during overdose emergencies. Whether a caller is shielded from prosecution depends on the Good Samaritan overdose provisions of the individual state, so check your own state's law rather than assuming you are covered.
Penalty Ranges by State
| Charge Type | Typical Sentence Range |
|---|---|
| Voluntary manslaughter (1st degree) | 3 to 20 years |
| Involuntary manslaughter (2nd degree) | 1 to 10 years |
| Vehicular manslaughter (standard) | 1 to 15 years |
| DUI vehicular manslaughter | 4 to 30 years |
| Criminally negligent homicide | 1 to 4 years |
These are general ranges, not ceilings. Repeat-offender provisions can push a DUI manslaughter sentence well past the top of the range shown: California imposes 15 years to life on a defendant with one or more qualifying prior convictions under Penal Code 191.5(d).
Sentences vary dramatically by state, the specific circumstances of the case, and the defendant's criminal history. Some states classify involuntary manslaughter as a misdemeanor with a maximum of 1 year, while others treat it as a felony carrying up to 10 years.
Recent and Pending Changes (2024-2026)
Florida (enacted). The Officer Jason Raynor Act, Senate Bill 156, was approved by the Governor on June 16, 2026 and became Chapter 2026-144 (SB 156 bill history). It amends section 782.065, Florida Statutes, so that a defendant must be sentenced to life imprisonment without eligibility for release on findings by the trier of fact that the defendant committed manslaughter under section 782.07(1) against a law enforcement officer or other specified officer engaged in the lawful performance of a legal duty.
California (enacted). AB 1087 was approved by the Governor on October 1, 2025 and became Chapter 180. It amended Penal Code 191.5 so that the probation period for a vehicular manslaughter while intoxicated conviction "shall be not less than three nor more than five years" (AB 1087 text).
New York (proposed, not law). Senate Bill S6425, known as Barreto's Law, would add Penal Law 125.11-a and create vehicular manslaughter in the third degree, a class E felony, for causing a death while driving recklessly, while unlicensed, or in an uninsured vehicle. The bill has not passed the Senate or the Assembly and has not been signed. Its only recorded actions are referrals to the Senate Codes Committee on March 13, 2025 and again on January 7, 2026 (S6425 bill status). If New York enacts it, the state would have a third-degree vehicular manslaughter charge, which is a narrower offense than the third-degree manslaughter people usually mean when they search the term.
New York (proposed, not law). Senate Bill S2372, Chelsey's Law, would create a drug-induced manslaughter charge. It is also still in the Senate Codes Committee.
Drug-induced homicide expansion. 31 states and the District of Columbia had drug-induced homicide laws as of May 1, 2024, up from 24 states in 2018.
Frequently Asked Questions
What is the difference between first and second degree manslaughter?
In states that use degrees, first-degree manslaughter is generally an intentional killing committed in the heat of passion (equivalent to voluntary manslaughter). Second-degree manslaughter is an unintentional killing caused by recklessness or criminal negligence (equivalent to involuntary manslaughter). The mapping is not universal. In Washington, first-degree manslaughter is the reckless offense (RCW 9A.32.060) and second-degree is the criminally negligent one (RCW 9A.32.070), so both sit on the involuntary side. Oregon and Connecticut place a reckless killing in the first degree alongside the intentional one, under ORS 163.118(1)(a) and Conn. Gen. Stat. 53a-55(a)(3). Most states use voluntary/involuntary rather than numbered degrees.
Is there a third degree manslaughter?
No state currently charges an offense called third-degree manslaughter. The confusion has three common sources. Third-degree murder exists, but only in Florida, Minnesota, and Pennsylvania, and it is a different charge. New Mexico grades voluntary manslaughter as a third degree felony under Section 30-2-3 NMSA 1978, but that is a severity label on the state felony scale, not a charge name. And a pending New York bill, S6425 or Barreto's Law, would create vehicular manslaughter in the third degree if it ever passes; it remains in Senate committee and is not law.
What is the difference between manslaughter and murder?
The key difference is malice aforethought. Murder requires malice, meaning the defendant intended to kill or acted with extreme recklessness showing disregard for human life. Manslaughter lacks malice. Voluntary manslaughter involves an intentional killing provoked by extreme circumstances. Involuntary manslaughter involves an unintentional killing caused by negligence.
How long do you go to jail for manslaughter?
Penalties vary by type and state. Voluntary manslaughter typically carries 3 to 20 years. Involuntary manslaughter typically carries 1 to 10 years. DUI vehicular manslaughter can carry 4 to 30 years, and California imposes 15 years to life under Penal Code 191.5(d) on a defendant with one or more qualifying prior convictions. Some states classify certain involuntary manslaughter charges as misdemeanors with up to 1 year.
Can manslaughter charges be reduced?
Manslaughter charges can potentially be reduced through plea negotiations. Voluntary manslaughter may be reduced to involuntary manslaughter. In some cases, manslaughter charges may be dismissed if the defense can prove self-defense, accident, or insufficient evidence of negligence or recklessness. Outcomes depend on the facts, the charging statute, and the jurisdiction, so speak with a criminal defense lawyer licensed in your state.
What is vehicular manslaughter?
Vehicular manslaughter is causing death while operating a motor vehicle recklessly, negligently, or while impaired. Most states have a separate vehicular homicide statute with specific penalties, though a few charge these deaths under their general homicide statutes instead. DUI-related vehicular manslaughter carries significantly higher penalties than non-impaired vehicular manslaughter.
Which states charge drug dealers with manslaughter for an overdose death?
Temple University research published in January 2025 found that 31 states and the District of Columbia had drug-induced homicide laws as of May 1, 2024, up from 24 states in 2018. New York has considered but not passed a dedicated drug-induced manslaughter charge; the bill that would create one, S2372 or Chelsey's Law, is still in the Senate Codes Committee. Because these counts change with each legislative session, confirm the current rule in your state before relying on it.
Updates
Governing law re-checked for recent changes
Corrected two New York bills that were described as enacted law when both are still pending in Senate committee, and fixed errors in the California, Florida, Minnesota, New York, Connecticut, Oregon, and Washington entries in the comparison tables. Florida's DUI manslaughter entry was missing a second route to a 30-year first-degree felony sentence, and Minnesota's first-degree manslaughter entry described an element its statute does not contain. Also re-dated the drug-induced homicide state count to its actual May 2024 source, replaced a dead citation, and re-sourced the New Mexico and Connecticut entries to the enacted statutory text.
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
California Penal Code
§ 191.5In force
(a) Gross vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence. (b) Vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, but without gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, but without gross negligence.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 216 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- People v. Ochoa (California Supreme Court 1993, 6 Cal. 4th 1199)“…o counts of gross vehicular manslaughter while intoxicated (Pen. Code, § 191.5, subd. (a)) and one count of hit-and-ru…”
- People v. Lopez (California Supreme Court 2012, 55 Cal. 4th 569)“…was charged with vehicular manslaughter while intoxicated (Pen. Code, § 191.5, subd. (b)), after her vehicle collided…”
- People v. Verlinde (California Court of Appeal 2002, 123 Cal. Rptr. 2d 322)“…Verlinde of gross vehicular manslaughter while intoxicated (Pen. Code, § 191.5, subd. (a)), vehicular manslaughter wit…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Connecticut General Statutes, Title 53a (Penal Code), Chapter 952
§ 53a-55Manslaughter in the first degree: Class B felony.In force
(a) A person is guilty of manslaughter in the first degree when: (1) With intent to cause serious physical injury to another person, he causes the death of such person or of a third person; or (2) with intent to cause the death of another person, he causes the death of such person or of a third person under circumstances which do not constitute murder because he committed the proscribed act or acts under the influence of extreme emotional disturbance, as provided in subsection (a) of section 53a-54a, except that the fact that homicide was committed under the influence of extreme emotional disturbance constitutes a mitigating circumstance reducing murder to manslaughter in the first degree and need not be proved in any prosecution initiated under this subsection; or (3) under circumstances evincing an extreme indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes the death of another person. (b) Manslaughter in the first degree is a class B felony.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at cga.ct.gov
Cited in 471 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Asherman (Supreme Court of Connecticut 1984, 193 Conn. 695)“…under circumstances showing extreme emotional disturbance. General Statutes § 53a-55 (a) (2). 8 The grounds of the defendan…”
- State v. Sivri (Supreme Court of Connecticut 1994, 231 Conn. 115)“…offenses: manslaughter in the first degree in violation of General Statutes § 53a-55 (a) (1) and (3), 11 manslaughter in th…”
- State v. Chicano (Supreme Court of Connecticut 1990, 216 Conn. 699)“…counts of manslaughter in the first degree in violation of General Statutes § 53a-55 (a) (2), 6 *702 one count of injury t…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 53a-56Manslaughter in the second degree: Class C felony.In force
(a) A person is guilty of manslaughter in the second degree when: (1) He recklessly causes the death of another person; or (2) he intentionally causes or aids another person, other than by force, duress or deception, to commit suicide. (b) Manslaughter in the second degree is a class C felony.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at cga.ct.gov
Cited in 114 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- State v. Rodriguez (Supreme Court of Connecticut 1980, 180 Conn. 382)“…14 the second degree manslaughter statute; General Statutes § 53a-56 (a) (1) ; 15 and criminall…”
- State v. Salz (Supreme Court of Connecticut 1993, 226 Conn. 20)“…tion with manslaughter in the second degree in violation of General Statutes § 53a-56 (a) (1). 2 Following the defendant’s c…”
- State v. Burge (Supreme Court of Connecticut 1985, 195 Conn. 232)“…fense of manslaughter in the second degree, in violation of General Statutes § 53a-56. 2 From the evidence presented at th…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Florida Statutes
§ 316.193Driving under the influence; penalties.In forcecited in 2 of our articles
(1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired; (b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or (c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath. (2)(a) Except as provided in paragraph (b), subsection (3), or subsection (4), any person who is convicted of a violation of subsection (1) shall be punished:1. By a fine of:a. Not less than $500 or more than $1,000 for a first conviction. b. Not less than $1,000 or more than $2,000 for a second conviction; and 2. By imprisonment for:a. Not more than 6 months for a first conviction. b. Not more than 9 months for a second conviction. 3.
Official text (excerpt) · last checked 2026-09-04 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 244 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Florida courts have addressed how section 316.193 is charged and punished. State v. Woodruff (1995) held the statute defines one DUI offense, with felony and misdemeanor DUI requiring identical elements of proof, and Toledo v. State (1991) held charging a fourth DUI as a misdemeanor in county court was within prosecutorial discretion.
Opinions citing this section in our collection:
- Gardner v. State (District Court of Appeal of Florida 1985, 10 Fla. L. Weekly 553)✓Gardner was charged with DUI solely on a Florida Uniform Traffic Citation and moved to dismiss it as too vague; the court held that a citation alleging a violation of section 316.193 without naming subsection (1)(a) or (1)(b) adequately charges the offense.
- Thompson v. Office of the Public Defender of the Ninth Judicial Circuit In & For Orange County (District Court of Appeal of Florida 1980, 387 So. 2d 541)✓A public defender sought to withdraw from four indigent DUI cases, arguing section 316.193 offenses are neither felonies nor misdemeanors; reading the statutes together, the court held a 316.193 violation is a criminal offense punishable by jail and so a misdemeanor.
- Toledo v. State (District Court of Appeal of Florida 1991, 580 So. 2d 335)✓Toledo, who had three prior DUI convictions, was tried for a fourth in county court and argued section 316.193(2)(b) required a circuit court trial; the court answered that certified question no, holding the charging decision was the prosecutor's, and affirmed.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Florida DUI Laws: Penalties, BAC Limit & License (2026)
Official Code of Georgia Annotated
§ 40-6-393Homicide by vehicle.In forcecited in 2 of our articles
(a) Any person who, without malice aforethought, causes the death of another person through the violation of subsection (a) of Code Section 40-6-163, Code Sections 40-6-390 through 40-6-391, or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the first degree…
Official text (excerpt) · last checked 2021-08-17 · Read the full text in our law library
Cited in 203 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Jackson (Supreme Court of Georgia 2010, 287 Ga. 646)“…002) (“In order to be convicted of vehicular homicide under OCGA § 40-6-393, the conduct of the defendant must have…”
- Cunningham v. State (Supreme Court of Georgia 1985, 255 Ga. 35)“…that this code section when considered in conjunction with OCGA § 40-6-393 (a) creates a mandatory presumption in…”
- State v. Mondor (Supreme Court of Georgia 2019, 306 Ga. 338)“…th homicide by vehicle in the first degree, in violation of OCGA § 40-6-393 (b), predicated on a hit-and-run offens…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Georgia Hit and Run Laws: Penalties and What to Do
Minnesota Statutes, Chapter 609: CRIMINAL CODE
§ 609.20MANSLAUGHTER IN THE FIRST DEGREEIn forcecited in 2 of our articles
Whoever does any of the following is guilty of manslaughter in the first degree and may be sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $30,000, or both: (1) intentionally causes the death of another person in the heat of passion provoked by such words or acts of another as would provoke a person of ordinary self-control under like circumstances, provided that the crying of a child does not constitute provocation; (2) violates section 609.224 and causes the death of another or causes the death of another in committing or attempting to commit a misdemeanor or gross misdemeanor offense with such force and violence that death of or great bodily harm to any person was reasonably foreseeable, and murder in the first or second degree was not committed thereby; (3) intentionally causes the death of another person because the actor is coerced by threats made by someone other than the actor's coconspirator and which cause the actor reasonably to believe that the act performed by the actor is the only means of preventing imminent death to the actor or another; (4) proximately causes the death of another, without intent to cause death by,…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 92 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- State v. Adams (Supreme Court of Minnesota 1980, 295 N.W.2d 527)“…lature is also made clear by the Advisory Committee note to Minn.Stat. § 609.20, subd. 2, which reads as follows: It…”
- State v. Bradford (Supreme Court of Minnesota 2000, 618 N.W.2d 782)“…n of ordinary self-control under like circumstances * * *." Minn.Stat. § 609.20(1) (1998). He is guilty of first-degree…”
- State v. Kelly (Supreme Court of Minnesota 1989, 435 N.W.2d 807)“…first degree (heat of passion) manslaughter, 1 Minn.Stat. § 609.20(1) (1986), constituted reversible error…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: How Long Is a Life Sentence in Minnesota? (2026 Guide)
§ 609.205MANSLAUGHTER IN THE SECOND DEGREEIn forcecited in 2 of our articles
A person who causes the death of another by any of the following means is guilty of manslaughter in the second degree and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both: (1) by the person's culpable negligence whereby the person creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm to another; or (2) by shooting another with a firearm or other dangerous weapon as a result of negligently believing the other to be a deer or other animal; or (3) by setting a spring gun, pit fall, deadfall, snare, or other like dangerous weapon or device; or (4) by negligently or intentionally permitting any animal, known by the person to have vicious propensities or to have caused great or substantial bodily harm in the past, to run uncontrolled off the owner's premises, or negligently failing to keep it properly confined; or (5) by committing or attempting to commit a violation of section 609.378 (neglect or endangerment of a child), and murder in the first, second, or third degree is not committed thereby.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 59 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. McKown (Supreme Court of Minnesota 1991, 475 N.W.2d 63)“…Minn.Stat. § 609.-378 (1988), the child neglect statute, or Minn.Stat. § 609.205 (1988), setting out the crime of second…”
- In Re Welfare of C.R.M. (Supreme Court of Minnesota 2000, 611 N.W.2d 802)“…tatutes creating felonies in negligence crimes, for example Minn.Stat. § 609.205 (1998), which provides a penalty of up…”
- State v. Zupetz (Supreme Court of Minnesota 1982, 322 N.W.2d 730)“…es of causing death or great bodily harm to another. Minn.Stat. § 609.205 (1980). The jury received the fo…”
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New York Penal Law
§ 125.13Vehicular manslaughter in the first degreeIn force
Vehicular manslaughter in the first degree. A person is guilty of vehicular manslaughter in the first degree when he or she commits the crime of vehicular manslaughter in the second degree as defined in section 125.12 of this article, and either: (1) commits such crime while operating a motor vehicle while such person has .18 of one per centum or more by weight of alcohol in such person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva made pursuant to the provisions of section eleven hundred ninety-four of the vehicle and traffic law; (2) commits such crime while knowing or having reason to know that: (a) his or her license or his or her privilege of operating a motor vehicle in another state or his or her privilege of obtaining a license to operate a motor vehicle in another state is suspended or revoked and such suspension or revocation is based upon a conviction in such other state for an offense which would, if committed in this state, constitute a violation of any of the provisions of section eleven hundred ninety-two of the vehicle and traffic law; or (b) his or her license or his or her privilege of operating a motor vehicle in the…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 35 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- People v. Caden N. (Appellate Division of the Supreme Court of the State of New York 2020, 189 A.D.3d 84)“…[and] causes the death of more than one other person" (Penal Law § 125.13 [4]). A person is guilty of vehicular m…”
- People v. Goldblatt (Appellate Division of the Supreme Court of the State of New York 2012, 98 A.D.3d 817)“…elony as a result of intoxicated driving causing death (see Penal Law § 125.13), the jury should be instructed to focu…”
- People v. Hoffman (Appellate Division of the Supreme Court of the State of New York 2015, 130 A.D.3d 1152)“…with vehicular manslaughter in the first degree pursuant to Penal Law § 125.13 (3), which requires proof that defendan…”
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§ 125.15Manslaughter in the second degreeIn force
Manslaughter in the second degree. A person is guilty of manslaughter in the second degree when: 1. He recklessly causes the death of another person; or 3. He intentionally causes or aids another person to commit suicide. Manslaughter in the second degree is a class C felony.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 488 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- People v. Suarez (New York Court of Appeals 2005, 6 N.Y.3d 202)“…e and severity, is also premised on reckless conduct (see Penal Law § 125.15 [1]). There is, however, a critical dif…”
- People v. Sanchez (New York Court of Appeals 2002, 98 N.Y.2d 373)“…d for manslaughter, second degree, under subdivision (1) of Penal Law § 125.15 " ( People v Roe, 74 NY2d 20, 24 […”
- People v. Roe (New York Court of Appeals 1989, 74 N.Y.2d 20)“…Depraved indifference murder, like reckless manslaughter (Penal Law § 125.15 [1]) is a nonintentional homicide. It…”
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§ 125.20Manslaughter in the first degreeIn force
Manslaughter in the first degree. A person is guilty of manslaughter in the first degree when: 1. With intent to cause serious physical injury to another person, he causes the death of such person or of a third person; or 2. With intent to cause the death of another person, he causes the death of such person or of a third person under circumstances which do not constitute murder because he acts under the influence of extreme emotional disturbance, as defined in paragraph (a) of subdivision one of section 125.25. The fact that homicide was committed under the influence of extreme emotional disturbance constitutes a mitigating circumstance reducing murder to manslaughter in the first degree and need not be proved in any prosecution initiated under this subdivision; or 4. Being eighteen years old or more and with intent to cause physical injury to a person less than eleven years old, the defendant recklessly engages in conduct which creates a grave risk of serious physical injury to such person and thereby causes the death of such person. Manslaughter in the first degree is a class B felony.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 825 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- People v. Rivera (New York Court of Appeals 2014, 23 N.Y.3d 112)“…der (Penal Law § 125.25 [1]) and first-degree manslaughter (Penal Law § 125.20 [1]) as a lesser included offense. The…”
- People v. Baker (New York Court of Appeals 2010, 14 N.Y.3d 266)“…125.25 [4]), manslaughter in the first and second degrees (Penal Law § 125.20 [4]; § 125.15 [1]), and endangering the…”
- People v. Laureano (New York Court of Appeals 1996, 87 N.Y.2d 640)“…d person" while intending to cause serious physical injury (Penal Law § 125.20 [1]). A person commits robbery in the f…”
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§ 70.00Sentence of imprisonment for felonyIn forcecited in 4 of our articles
Sentence of imprisonment for felony. * 1. Indeterminate sentence. Except as provided in subdivisions four, five and six of this section or section 70.80 of this article, a sentence of imprisonment for a felony, other than a felony defined in article two hundred twenty or two hundred twenty-one of this chapter, shall be an indeterminate sentence. When such a sentence is imposed, the court shall impose a maximum term in accordance with the provisions of subdivision two of this section and the minimum period of imprisonment shall be as provided in subdivision three of this section. * NB Effective until September 1, 2027 * 1. Indeterminate sentence. Except as provided in subdivisions four and five of this section or section 70.80 of this article, a sentence of imprisonment for a felony, other than a felony defined in article two hundred twenty or two hundred twenty-one of this chapter, shall be an indeterminate sentence. When such a sentence is imposed, the court shall impose a maximum term in accordance with the provisions of subdivision two of this section and the minimum period of imprisonment shall be as provided in subdivision three of this section.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 760 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- People v. Taylor (New York Court of Appeals 2007, 9 N.Y.3d 129)“…automatically results in a sentence of life without parole (Penal Law § 70.00 [3] [a] [i]; §§ 60.06, 70.00 [5]). [4]…”
- People v. Sparber (New York Court of Appeals 2008, 10 N.Y.3d 457)“…nsequence of his plea and status as a second violent felon, Penal Law § 70.00 (6) and § 70.45 (1) and (2) required de…”
- People v. Rivera (New York Court of Appeals 2005, 5 N.Y.3d 61)“…hich carries a maximum sentence of four years imprisonment (Penal Law § 70.00 [2] [e]). The People moved for a persis…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: First, Second, and Third Degree Murder: Key Differences, New York Smart Glasses Recording Laws 2026, New York Recording Laws (2026): One-Party Consent Rules
Texas Penal Code
§ 12.33SECOND DEGREE FELONY PUNISHMENTIn force
(a) An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years. (b) In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
Cited in 589 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Kim v. State (Court of Appeals of Texas 2009, 283 S.W.3d 473)“…degree felony, is two to twenty years' confinement. See Tex. Penal Code Ann. §§ 12.33 (a), 30.02(c)(2) (Vernon 2003). [1]…”
- Means v. State (Texas Court of Appeals, 2nd District (Fort Worth) 2011, 347 S.W.3d 873)“…ent in a state jail facility for evading arrest. [1] See Tex. Penal Code Ann. §§ 12.33 (a), .35(a) (West 2011). And punishment…”
- Puente v. State (Court of Criminal Appeals of Texas 2010, 320 S.W.3d 352)“…have been sentenced to is confinement for 20 years. See Tex. Penal Code Ann. §§ 12.33 (a), 22.011(f). Therefore, appellant's…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 49.08INTOXICATION MANSLAUGHTERIn force
(a) A person commits an offense if the person: (1) operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and (2) is intoxicated and by reason of that intoxication causes the death of another by accident or mistake. (b) Except as provided by Section 49.09, an offense under this section is a felony of the second degree.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
Cited in 163 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Wooten v. State (Texas Court of Appeals, 14th District (Houston) 2008, 267 S.W.3d 289)“…causes the death of another person by accident or mistake. Tex. Penal Code Ann. § 49.08 (a) (Vernon 2003); Garcia v. Sta…”
- Glauser v. State (Texas Court of Appeals, 1st District (Houston) 2001, 66 S.W.3d 307)“…y a jury of two charges of intoxication manslaughter. See Tex.Penal Code § 49.08. The jury assessed punishment at four y…”
- Reidweg v. State (Texas Court of Appeals, 4th District (San Antonio) 1998, 981 S.W.2d 399)“…and mistake causing the death of another. See Tex. Penal Code Ann. § 49.08 (a) (Vernon 1994). The jury sentenced R…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
United States Code Title 18
§ 1112ManslaughterIn force
Manslaughter is the unlawful killing of a human being without malice. It is of two kinds:Voluntary—Upon a sudden quarrel or heat of passion. Involuntary—In the commission of an unlawful act not amounting to a felony, or in the commission in an unlawful manner, or without due caution and circumspection, of a lawful act which might produce death. Within the special maritime and territorial jurisdiction of the United States,Whoever is guilty of voluntary manslaughter, shall be fined under this title or imprisoned not more than 15 years, or both; Whoever is guilty of involuntary manslaughter, shall be fined under this title or imprisoned not more than 8 years, or both.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 505 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- United States v. Henry Tresvant, III (Court of Appeals for the Fourth Circuit 1982, 677 F.2d 1018)“…ce underlying his conviction of involuntary manslaughter. 18 U.S.C. § 1112 (1976). 1 Our range of inquiry into t…”
- United States v. Rene C. Martinez, Kenneth W. Noel, and Steven T. Garcia (Court of Appeals for the Seventh Circuit 1993, 988 F.2d 685)“…nslaughter if "upon a sudden quarrel or heat of passion." 18 U.S.C. § 1112 (a). The defendants argued at trial,…”
- United States v. Leon Brady (Court of Appeals for the Ninth Circuit 1991, 928 F.2d 844)“…tary manslaughter, has a statutory maximum of 120 months. 18 U.S.C. Sec. 1112 . Under criminal history categories "I…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- 18 U.S.C. 1112 - Federal Manslaughter Statute(law.cornell.edu)
- Cornell LII - Manslaughter Overview(law.cornell.edu)
- Minnesota Statutes 609.20 - Manslaughter in the First Degree (heat of passion; misdemeanor assault causing foreseeable death; distribution of a Schedule III, IV, or V controlled substance; up to 15 years)(revisor.mn.gov).gov
- Minnesota Statutes 609.205 - Manslaughter in the Second Degree(revisor.mn.gov).gov
- New York Penal Law 125.20 - Manslaughter in the First Degree(nysenate.gov).gov
- New York Penal Law 125.15 - Manslaughter in the Second Degree (class C felony)(nysenate.gov).gov
- Oregon Revised Statutes Chapter 163 - ORS 163.118 (manslaughter first degree), 163.125 (manslaughter second degree), 163.145 (criminally negligent homicide)(oregonlegislature.gov).gov
- RCW 9A.32.060 - Washington Manslaughter in the First Degree (recklessness, class A felony)(app.leg.wa.gov).gov
- RCW 9A.32.070 - Washington Manslaughter in the Second Degree (criminal negligence, class B felony)(app.leg.wa.gov).gov
- Connecticut General Statutes Sec. 53a-55 - Manslaughter in the first degree (intent to cause serious physical injury; extreme emotional disturbance; reckless conduct evincing extreme indifference to human life), class B felony(cga.ct.gov).gov
- Connecticut General Statutes Sec. 53a-56 - Manslaughter in the second degree (recklessly causing death; intentionally aiding a suicide), class C felony(cga.ct.gov).gov
- NMSA 1978, Chapter 30 (Criminal Offenses), New Mexico Compilation Commission - Section 30-2-3 grades voluntary manslaughter a third degree felony and involuntary manslaughter a fourth degree felony(nmonesource.com).gov
- New York Penal Law 125.13 - Vehicular manslaughter in the first degree (class C felony)(nysenate.gov).gov
- New York Penal Law 70.00 - Indeterminate sentence; class C felony maximum 15 years, minimum at least 1 year(nysenate.gov).gov
- Texas Penal Code 49.08 - Intoxication manslaughter (felony of the second degree)(statutes.capitol.texas.gov).gov
- Texas Penal Code 12.33 - Second degree felony punishment (2 to 20 years)(statutes.capitol.texas.gov).gov
- California Penal Code 191.5 - Gross vehicular manslaughter while intoxicated (4, 6, or 10 years; 15 years to life with a qualifying prior)(leginfo.legislature.ca.gov).gov
- California AB 1087 (2025), Chapter 180 - probation of 3 to 5 years for vehicular manslaughter while intoxicated(leginfo.legislature.ca.gov).gov
- Florida Statutes 316.193(3)(c)3 - DUI manslaughter (second degree felony under 3.a; first degree felony under 3.b where the driver knew of the crash and failed to render aid, and independently under 3.c where the driver has a qualifying prior conviction)(flsenate.gov).gov
- Florida Statutes 775.082 - maximum terms of imprisonment (first degree felony 30 years; second degree felony 15 years)(flsenate.gov).gov
- Florida SB 156 (2026), the Officer Jason Raynor Act - Chapter 2026-144, approved June 16, 2026, amending s. 782.065 Fla. Stat.(flsenate.gov).gov
- New York Senate Bill S6425 (Barreto's Law) - would create vehicular manslaughter in the third degree; still in the Senate Codes Committee, not enacted(nysenate.gov).gov
- New York Senate Bill S2372 (Chelsey's Law) - would create a drug-induced manslaughter charge; still in the Senate Codes Committee, not enacted(nysenate.gov).gov
- Temple University Center for Public Health Law Research (January 2025) - 31 states and DC had drug-induced homicide laws as of May 1, 2024, up from 24 states in 2018(phlr.temple.edu)
- Bureau of Justice Statistics - Homicide topic page(bjs.ojp.gov).gov