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 Carolina, manslaughter is categorized into two types: voluntary and involuntary manslaughter, similar to many other states. Voluntary manslaughter occurs when a person kills another without premeditation but in the heat of passion or during a sudden altercation. It is treated as a Class D felony. Involuntary manslaughter, on the other hand, is when a person's unintentional but reckless or negligent actions result in the death of another person, such as in the case of a fatal car accident caused by a drunk driver. Involuntary manslaughter is considered a Class F felony in North Carolina. Both offenses are serious and carry significant penalties, including potential prison time. The specific statutes outlining manslaughter laws in North Carolina can be found in the North Carolina General Statutes under Chapter 14, Article 6.