Manslaughter is the unlawful killing or homicide of a human being without the premeditation or malice (malice aforethought) required for the criminal offense of murder.
Many states have two types of manslaughter: (1) voluntary manslaughter—the defendant intended to kill the victim, but did so in self-defense, or in the heat of passion and without premeditation, or the defendant was insane and did not understand that the killing was wrong; and (2) involuntary manslaughter—the defendant negligently or recklessly caused the death of another person—such as when a person is intoxicated while operating a motor vehicle and causes an accident that results in the death of another person.
Some states do not have separate criminal offenses for voluntary and involuntary manslaughter—these states may have the offense of manslaughter and identify certain aggravating factors that may enhance the penalties upon a conviction for manslaughter.
Manslaughter is a felony offense and may be punished by a lengthy prison term. Manslaughter laws are generally located in a state's statutes—often in the penal or criminal code.
In North Dakota, manslaughter is addressed under the North Dakota Century Code (NDCC) as a criminal offense that involves the unlawful killing of a human being without the intent necessary for murder charges. North Dakota law recognizes two main types of manslaughter: voluntary and involuntary. Voluntary manslaughter occurs when a person kills another in the heat of passion or while under extreme emotional disturbance for which there is reasonable excuse. Involuntary manslaughter, on the other hand, typically involves the unintentional killing of another person due to negligent or reckless behavior, such as causing a fatal traffic accident while driving under the influence of alcohol or drugs. Manslaughter in North Dakota is considered a felony, which can result in significant prison time upon conviction. The specific statutes that outline the elements and penalties for manslaughter can be found in the NDCC, and the severity of the punishment may vary based on the circumstances surrounding the offense and any aggravating factors present.