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 Rhode Island, manslaughter is categorized under the general umbrella of homicide and is defined as the unlawful killing of another person without malice. Rhode Island law recognizes different degrees of manslaughter, including both voluntary and involuntary manslaughter. Voluntary manslaughter occurs when a person kills another without premeditation but in the heat of passion or under circumstances that would cause a reasonable person to become emotionally or mentally disturbed. Involuntary manslaughter in Rhode Island typically involves the unintentional killing of another person due to reckless or negligent behavior, such as a fatal accident caused by drunk driving. Manslaughter is considered a felony in Rhode Island and carries severe penalties, including imprisonment. The specific statutes outlining manslaughter and the associated penalties can be found in the Rhode Island General Laws under Title 11, which pertains to criminal offenses.