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 South Carolina, manslaughter is defined under state law as the unlawful killing of another person without malice aforethought. South Carolina does differentiate between voluntary and involuntary manslaughter. Voluntary manslaughter occurs when a person is unlawfully killed in the heat of passion or during a sudden quarrel without premeditation. Involuntary manslaughter, on the other hand, happens when the killing is unintentional but results from reckless or criminally negligent behavior, such as a fatal car accident caused by a drunk driver. Both types of manslaughter are considered felonies in South Carolina. The penalties for manslaughter can be severe, including lengthy prison sentences. The specific statutes outlining manslaughter and the associated penalties can be found in the South Carolina Code of Laws, particularly in the sections dealing with crimes and offenses against the person.