Involuntary Manslaughter
Involuntary manslaughter is an unintentional killing resulting from criminal negligence or during commission of an unlawful act not amounting to a felony (misdemeanor-manslaughter rule).
Exam Tip
Involuntary = UNINTENTIONAL. Two theories: criminal negligence OR misdemeanor-manslaughter. Distinguish from depraved heart murder.
What is Involuntary Manslaughter?
Involuntary manslaughter is unintentional killing from criminal negligence or during non-felony unlawful act.
Two Theories
| Theory | Basis |
|---|---|
| Criminal Negligence | Gross deviation from care |
| Misdemeanor-Manslaughter | Death during unlawful act |
Negligence Standard
| Level | Criminal? |
|---|---|
| Ordinary | Civil liability only |
| Gross/Criminal | Involuntary manslaughter |
| Reckless | May be murder (depraved heart) |
California
PC Section 192(b): killing "in commission of unlawful act, not amounting to felony; or in commission of lawful act which might produce death, in an unlawful manner."
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Related Terms
Voluntary Manslaughter
Voluntary manslaughter is an intentional killing committed in "heat of passion" following adequate provocation, or under honest but unreasonable belief in self-defense (imperfect self-defense), reducing murder to a lesser offense.
Malice Aforethought
Malice aforethought is the mens rea required for murder, encompassing four mental states: intent to kill, intent to cause serious bodily harm, depraved heart (extreme recklessness), and felony murder.
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