Involuntary manslaughter is a criminal offense defined as the unintentional killing (homicide) of another person as a result of criminal negligence, recklessness, or during the commission of a misdemeanor (driving while intoxicated), infraction (speeding), or a felony crime that was not inherently dangerous. Involuntary manslaughter is usually a felony offense and often includes significant jail or prison time as potential punishment.
Involuntary manslaughter laws vary from state to state and are generally located in a state’s statutes—often in the penal or criminal code.
In California, involuntary manslaughter is defined under California Penal Code Section 192(b) as the unlawful killing of a human being without malice aforethought, occurring during the commission of an unlawful act not amounting to a felony, or during the commission of a lawful act which might produce death, in an unlawful manner or without due caution and circumspection. This type of manslaughter is considered a felony in California and does not involve the intent to kill. Penalties for involuntary manslaughter in California can include imprisonment in the county jail for up to one year or in state prison for two, three, or four years, as well as potential fines and other consequences such as victim restitution. The specific circumstances of the offense, including the defendant's criminal history and the details of the act that led to the death, will influence the severity of the punishment.