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 Tennessee, manslaughter is categorized into two distinct types: voluntary manslaughter and involuntary manslaughter, aligning with the general distinction made in many states. Voluntary manslaughter in Tennessee occurs when a person intentionally or knowingly kills another in a state of passion provoked by the victim to a degree that would cause an ordinary person to act irrationally, without premeditation. This is considered a Class C felony. Involuntary manslaughter, referred to as criminally negligent homicide in Tennessee, happens when a person's negligent actions lead to the death of another. This could include deaths resulting from negligent operation of a vehicle. Criminally negligent homicide is classified as a Class E felony. Both offenses carry serious penalties, with voluntary manslaughter punishable by 3 to 15 years in prison and a fine of up to $10,000, and criminally negligent homicide punishable by 1 to 6 years in prison and a fine of up to $3,000. These laws are codified in the Tennessee Code Annotated, under the criminal offenses section.