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 Vermont, manslaughter is defined under Vermont Statutes Title 13, Chapter 71, Section 2304. The state recognizes both voluntary and involuntary manslaughter. Voluntary manslaughter occurs when a person unlawfully kills another without malice aforethought, either upon a sudden quarrel or heat of passion. Involuntary manslaughter in Vermont occurs when a person's unlawful act negligently causes the death of another, or when a lawful act is done in a negligent manner that results in death. Manslaughter in Vermont is considered a felony, and the penalties upon conviction can include imprisonment and fines. The specific circumstances of the offense, such as whether it was voluntary or involuntary, can influence the severity of the punishment. Vermont law does not categorize manslaughter with separate offenses for voluntary and involuntary but treats it as a single crime with varying degrees of severity based on the facts of the case.