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 Pennsylvania, homicide is categorized based on the intent, circumstances, and the level of negligence involved in causing the death of another person. Intentional killings with premeditation are typically charged as murder, which can be first-degree (premeditated with malice aforethought) or third-degree (without premeditation). Voluntary manslaughter occurs when a person kills another without lawful justification but acted under a sudden and intense passion resulting from serious provocation. Involuntary manslaughter, on the other hand, involves unintentional killing resulting from reckless or grossly negligent behavior, such as in the case of a fatal car accident caused by reckless driving or driving under the influence. Pennsylvania law also recognizes vehicular homicide, which specifically addresses deaths caused by negligent or reckless driving. The specific charges and penalties for homicide offenses are detailed in the Pennsylvania Crimes Code (Title 18 of the Pennsylvania Consolidated Statutes), and they vary based on the degree of the crime and other factors involved in the incident.