Homicide is the act of one person causing the death of another person. Not all homicides are murder—some are manslaughter due to mitigating circumstances—and some are lawful when justified by an affirmative defense such as self-defense or insanity.
Criminal homicide generally involves (1) intent to cause death or serious bodily injury, or (2) negligence that causes the death of another person. Criminal homicide committed with the intent to cause death or serious bodily injury is generally charged as the criminal offense of murder (committed with intent and with premeditation or malice) or as voluntary manslaughter or second degree murder (committed with intent but without premeditation or malice).
And criminal homicide caused by negligence is generally charged as the criminal offense of involuntary manslaughter—for example, when a person is driving recklessly or speeding and hits another motor vehicle or pedestrian, causing the death of the other motorist or the pedestrian. A person driving a motor vehicle while intoxicated by drugs or alcohol who hits another motor vehicle or pedestrian, causing the death of the other motorist or the pedestrian, may be charged with involuntary manslaughter, or with a more specific offense like intoxication manslaughter or vehicular homicide—depending on applicable state laws.
Criminal homicide laws vary from state to state—including the names, degrees of severity, and punishments. These laws are generally found in a state’s statutes—often in the penal or criminal code.
In Indiana, homicide is defined as the killing of one person by another. It encompasses various levels of criminal culpability based on the perpetrator's intent, state of mind, and circumstances surrounding the act. Murder, under Indiana law, is a knowing or intentional killing of another person, or killing while committing or attempting to commit certain felonies (e.g., burglary, arson, rape), and is punishable by a range of sentences including life imprisonment without parole or the death penalty. Voluntary manslaughter, a level 2 felony, occurs when a person intentionally kills another while acting under sudden heat, without premeditation. Involuntary manslaughter, a level 5 felony, involves the unintentional killing of another person while committing or attempting to commit a non-felony act, or while committing certain specified felonies. Reckless homicide, also a level 5 felony, occurs when a person recklessly kills another. Additionally, Indiana recognizes the defense of insanity and allows for justifiable homicide under certain circumstances, such as self-defense. The specific statutes detailing homicide offenses in Indiana can be found in the Indiana Code, particularly in Title 35, which covers criminal law and procedure.