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 York, involuntary manslaughter is not specifically defined as a separate offense in the state's penal code. Instead, New York law categorizes such offenses under the broader term of 'manslaughter.' There are two degrees of manslaughter in New York: Manslaughter in the First Degree and Manslaughter in the Second Degree. Manslaughter in the Second Degree (New York Penal Law § 125.15) is the charge most closely aligned with the concept of involuntary manslaughter, as it involves a person recklessly causing the death of another person. This charge is a class C felony, which can result in substantial prison time, fines, and other penalties upon conviction. Additionally, New York recognizes 'Criminally Negligent Homicide' (New York Penal Law § 125.10), which occurs when a person's failure to perceive a substantial and unjustifiable risk results in another person's death. This offense is a class E felony. The specific circumstances of the incident, such as the commission of a misdemeanor or infraction that leads to a death, will influence the exact charges and potential penalties.