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Manslaughter (United States law)


Manslaughter is a crime in the United States. Definitions can vary among jurisdictions, but manslaughter is invariably the act of causing the death of another person in a manner less culpable than murder.

There have been many types of voluntary manslaughter. These have not been differentiated here as they are so closely related or indistinguishable that many US jurisdictions do not differentiate between them. The following are some examples of defenses which may be raised to mitigate murder to voluntary manslaughter:

In the United States, misdemeanor manslaughter is a lesser version of felony murder, and covers a person who causes the death of another while committing a misdemeanor – that is, a violation of law which doesn't rise to the level of a felony. This may automatically lead to a conviction for the homicide if the misdemeanor involved is a law designed to protect human life. Many violations of safety laws are infractions, which means that a person can be convicted regardless of mens rea.

In jurisdictions such as Pennsylvania, if a person is so reckless as to "manifest extreme indifference to human life", the defendant may be guilty of aggravated assault as well as of involuntary manslaughter.

In many jurisdictions such as California, malice may be found if gross negligence amounts to willful or depraved indifference to human life. In such a case, the wrongdoer may be guilty of second degree murder.

Vehicular manslaughter is a class C felony which holds people liable for any death which occurs because of criminal negligence, or a violation of traffic safety laws. A common use of the vehicular manslaughter laws involves prosecution for a death caused by driving under the influence of intoxicating substances (determined by excessive blood alcohol content levels set by individual U.S. states), although an independent infraction (such as driving with a suspended driver's license), or negligence, is usually also required.


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