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 Louisiana (LA), manslaughter is defined under Louisiana Revised Statutes Title 14:31. The state recognizes manslaughter as a homicide which is committed without the intent to cause death or great bodily harm. Louisiana law does not formally divide manslaughter into voluntary and involuntary categories. However, the statute does describe circumstances that resemble voluntary manslaughter, such as a killing that occurs in sudden passion or heat of blood immediately caused by provocation sufficient to deprive an average person of self-control and cool reflection. Manslaughter in Louisiana also covers killings that would be considered involuntary manslaughter in other states, such as those caused by an individual's criminal negligence. Manslaughter is a felony in Louisiana, and the penalties can be severe, including imprisonment. The specific circumstances of the case, such as provocation or negligence, can influence the severity of the sentence.