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 New Jersey, homicide is classified under various categories based on the intent and circumstances surrounding the act. Murder, which is the most serious form of homicide, requires intent to cause death or serious bodily injury and is often premeditated. It is codified under N.J.S.A. 2C:11-3 and can result in severe penalties, including life imprisonment. Manslaughter, on the other hand, is divided into two types: voluntary and involuntary. Voluntary manslaughter (N.J.S.A. 2C:11-4) occurs when the offender had the intent to cause death or serious bodily injury but acted in the heat of passion resulting from reasonable provocation. Involuntary manslaughter, also under N.J.S.A. 2C:11-4, involves death caused by the defendant's negligence, such as reckless driving or driving under the influence of drugs or alcohol. New Jersey law also recognizes vehicular homicide (N.J.S.A. 2C:11-5), which specifically addresses causing death by driving a vehicle recklessly. The state's statutes outline the elements, defenses, and penalties for each type of homicide, and the specific charges and potential sentences depend on the details of the offense.