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 New Jersey, involuntary manslaughter is typically referred to as 'manslaughter' under N.J.S.A. 2C:11-4. This statute distinguishes between aggravated manslaughter, which involves recklessness and a disregard for human life, and reckless manslaughter, which is the New Jersey equivalent of involuntary manslaughter. Reckless manslaughter occurs when someone unintentionally causes the death of another person through reckless behavior. It does not require the intent to kill or cause serious harm, but it does require a conscious disregard of a substantial and unjustifiable risk that death will result from the individual's actions. Manslaughter in New Jersey is considered a second-degree offense, which can result in a sentence of 5 to 10 years in prison and a fine of up to $150,000. If the involuntary manslaughter resulted from driving while intoxicated, it could also lead to additional charges and penalties under New Jersey's strict DWI laws.