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 Tennessee, involuntary manslaughter, also known as criminally negligent homicide, is codified under Tennessee Code Annotated § 39-13-212. It is defined as the killing of another person through criminal negligence. This offense is considered a Class E felony in Tennessee. Criminal negligence involves a person's failure to perceive a substantial and unjustifiable risk that a certain result will occur or that a circumstance exists, where such failure constitutes a gross deviation from the standard of care that an ordinary person would exercise. The punishment for a Class E felony in Tennessee includes imprisonment for not less than one year nor more than six years, as well as possible fines. In cases where the involuntary manslaughter is a result of driving under the influence (DUI), the state's vehicular homicide statutes, particularly Tennessee Code Annotated § 39-13-213, may apply. These statutes categorize the offense based on the level of intoxication and recklessness, with varying degrees of felony charges and corresponding penalties.