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 North Dakota, homicide is defined as the killing of one person by another and is categorized into different types based on the circumstances and the intent of the person responsible. Murder, which is the most severe form of homicide, requires intent to kill or cause serious bodily injury and is further divided into different degrees. For example, murder committed with premeditation and malice is typically charged as first-degree murder. Voluntary manslaughter or second-degree murder involves intent to kill but without premeditation or malice. Involuntary manslaughter in North Dakota occurs when a person causes the death of another through negligent actions, such as reckless driving or driving under the influence of drugs or alcohol. Specific charges like intoxication manslaughter or vehicular homicide may apply depending on the details of the incident. The state's criminal homicide laws are outlined in the North Dakota Century Code, which details the elements of each offense, the degrees of severity, and the associated penalties.