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 Utah, manslaughter is defined under Utah Code § 76-5-205 and § 76-5-206. The state recognizes both voluntary and involuntary manslaughter. Voluntary manslaughter occurs when an individual intentionally causes the death of another under circumstances that do not constitute murder, such as acting in a sudden heat of passion upon a reasonable provocation. Involuntary manslaughter, as per Utah law, involves causing the death of another without the intent to do so, typically through acts of recklessness or criminal negligence. This could include situations like causing a fatal car accident while driving under the influence of alcohol or drugs. Manslaughter in Utah is considered a second-degree felony, which can result in a prison term of 1 to 15 years and a fine of up to $10,000. The specific circumstances of the offense can influence the severity of the punishment, and certain aggravating factors may lead to enhanced penalties.