Homicide is the act of one person causing the death of another person. Not all homicides are murder—some are manslaughter due to mitigating circumstances—and some are lawful when justified by an affirmative defense such as self-defense or insanity.

Criminal homicide generally involves (1) intent to cause death or serious bodily injury, or (2) negligence that causes the death of another person. Criminal homicide committed with the intent to cause death or serious bodily injury is generally charged as the criminal offense of murder (committed with intent and with premeditation or malice) or as voluntary manslaughter or second degree murder (committed with intent but without premeditation or malice).

And criminal homicide caused by negligence is generally charged as the criminal offense of involuntary manslaughter—for example, when a person is driving recklessly or speeding and hits another motor vehicle or pedestrian, causing the death of the other motorist or the pedestrian. A person driving a motor vehicle while intoxicated by drugs or alcohol who hits another motor vehicle or pedestrian, causing the death of the other motorist or the pedestrian, may be charged with involuntary manslaughter, or with a more specific offense like intoxication manslaughter or vehicular homicide—depending on applicable state laws.

Criminal homicide laws vary from state to state—including the names, degrees of severity, and punishments. These laws are generally found in a state’s statutes—often in the penal or criminal code.

In Delaware, homicide is defined as the unlawful killing of one person by another. The state differentiates between murder and manslaughter based on the perpetrator's intent and the circumstances surrounding the death. Murder, which is the most serious form of homicide, requires intent to kill or cause serious bodily harm and is classified into degrees. First-degree murder involves premeditation or committing the act during the commission of certain felonies, while second-degree murder lacks premeditation. Manslaughter in Delaware is typically considered a lesser offense than murder and includes voluntary manslaughter, where the act is intentional but committed in the heat of passion, and involuntary manslaughter, which involves negligent actions that lead to someone's death, such as reckless driving or DUI-related fatalities. Delaware law also recognizes affirmative defenses like self-defense or insanity, which can justify the homicide or reduce the severity of the charge. The specific statutes governing homicide can be found in Delaware's criminal code, and the penalties for these offenses vary, with murder carrying the possibility of life imprisonment or even the death penalty, while manslaughter generally carries a lesser sentence.