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 Dakota, manslaughter is categorized into two types: voluntary and involuntary manslaughter, as defined under SDCL 22-16-15 and 22-16-36 respectively. Voluntary manslaughter occurs when a person kills another without malice and in the heat of passion, or under circumstances that would cause a reasonable person to become emotionally or mentally disturbed. Involuntary manslaughter in South Dakota involves the unintentional killing of another person while engaged in a reckless or negligent act, such as driving under the influence of alcohol or drugs. Both types of manslaughter are considered felonies in South Dakota. The penalties for manslaughter can be severe, including lengthy prison terms, and are detailed in the state's penal code. The specific circumstances of the killing and the presence of any aggravating factors can influence the severity of the charges and the penalties upon conviction.