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 Dakota, manslaughter is defined under the North Dakota Century Code (NDCC) and is categorized as either voluntary or involuntary. Voluntary manslaughter occurs when a person intentionally kills another without premeditation, often in the heat of passion or under circumstances that would cause a reasonable person to become emotionally or mentally disturbed. Involuntary manslaughter, on the other hand, involves the unintentional killing of another person due to negligent or reckless behavior, such as a fatal accident caused by drunk driving. Manslaughter is considered a serious felony in North Dakota, and those convicted can face substantial prison sentences. The specific statutes that outline the elements and penalties for manslaughter can be found in the NDCC, and they provide guidance on how the state differentiates between the levels of culpability and the corresponding legal consequences.