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 Hawaii, manslaughter is defined under Hawaii Revised Statutes Section 707-702. The state recognizes both voluntary and involuntary manslaughter. Voluntary manslaughter occurs when a person intentionally causes the death of another person under circumstances that would mitigate, but not justify or excuse the killing. This typically involves situations of extreme mental or emotional disturbance for which there is a reasonable explanation. Involuntary manslaughter, as defined by Hawaii law, involves the reckless causing of the death of another person. Manslaughter in Hawaii is a Class A felony, which can result in a lengthy prison sentence. The specific circumstances of the offense, such as whether it was voluntary or involuntary, can influence the severity of the penalties imposed upon conviction. Hawaii's statutes provide the legal framework for understanding and prosecuting the crime of manslaughter within the state.