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 Minnesota, manslaughter is categorized into two degrees as defined by the state's statutes. First-degree manslaughter (Minnesota Statutes Section 609.20) can occur under several circumstances, such as when a person causes the death of another in the heat of passion provoked by such words or acts that would provoke a person of ordinary self-control under like circumstances, or during the commission of a misdemeanor or gross misdemeanor with such force and violence that death of or great bodily harm to any person was reasonably foreseeable. Second-degree manslaughter (Minnesota Statutes Section 609.205) involves causing the death of another by the person's culpable negligence, whereby the person creates an unreasonable risk and consciously takes the chance of causing death or great bodily harm to another. This can include deaths caused by negligent handling of a dangerous weapon or by negligently or recklessly causing the death of another person in various other ways, such as by setting a dangerous animal upon them. Manslaughter in Minnesota is a felony offense, and the penalties upon conviction can include imprisonment and fines, with the severity depending on whether it is first or second-degree manslaughter.