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 Tennessee, manslaughter is categorized primarily as voluntary or involuntary manslaughter, aligning with the general definitions provided. Voluntary manslaughter, under Tennessee law, is considered a Class C felony and occurs when a person kills another in a state of passion provoked by adequate cause for which there is no reasonable cooling-off period. Involuntary manslaughter, known as criminally negligent homicide in Tennessee, is a Class E felony and involves the killing of another person through criminal negligence. Tennessee law does not require malice aforethought for manslaughter charges, distinguishing them from murder charges. The penalties for manslaughter convictions in Tennessee vary based on the classification of the felony, with voluntary manslaughter carrying a heavier sentence than involuntary manslaughter. These laws are codified in the Tennessee Code Annotated, specifically under Title 39, which pertains to criminal offenses.