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 South Dakota, involuntary manslaughter is addressed under South Dakota Codified Laws (SDCL) in Title 22, which covers crimes and punishments. Specifically, SDCL § 22-16-15 defines involuntary manslaughter as the unlawful killing of a human being without malice, which occurs either during the commission of an unlawful act not amounting to a felony, or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection. This offense is categorized as a Class 4 felony in South Dakota. The penalties for a Class 4 felony can include imprisonment for up to 10 years, a fine of up to $20,000, or both. The specific circumstances of the incident, such as the level of negligence or recklessness involved, will influence the severity of the charges and the potential punishment.