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 Tennessee, homicide is categorized based on the circumstances and the intent behind the act. Murder, which involves premeditation and intent to kill or cause serious bodily injury, is the most severe form of homicide and can be charged as first-degree murder when it is premeditated, or as second-degree murder when it is intentional but without premeditation. Voluntary manslaughter, on the other hand, is a homicide charge that applies when the killing occurs in the heat of passion or due to provocation, without the prior intent to kill. Involuntary manslaughter, also known as criminally negligent homicide in Tennessee, occurs when a person's negligence leads to someone else's death, such as in cases of reckless driving or driving under the influence causing a fatal accident. Tennessee law also recognizes vehicular homicide, which specifically addresses deaths caused by the operation of a vehicle, including those involving intoxication. The specific charges and penalties for homicide offenses are detailed in the Tennessee Code Annotated, particularly under Title 39, which covers criminal offenses.