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 Kentucky, homicide is categorized under various degrees of severity, with distinctions made between murder, manslaughter, and justifiable homicide. Murder, defined under Kentucky law as intentionally causing the death of another person or causing a death during the commission of a felony, is a capital offense and can result in severe penalties, including life imprisonment or the death penalty. Manslaughter in the first degree involves intentionally causing a death under circumstances that would otherwise be murder but are mitigated by extreme emotional disturbance, while manslaughter in the second degree involves causing a death due to reckless behavior. Involuntary manslaughter, often the result of negligent actions such as reckless driving or driving under the influence, can lead to charges like vehicular homicide. Kentucky law also recognizes affirmative defenses such as self-defense or insanity, which can justify a homicide and lead to an acquittal or reduced charges. The specific statutes detailing these offenses and their penalties can be found in the Kentucky Revised Statutes (KRS), particularly in the sections related to crimes and punishments.