Involuntary manslaughter is a criminal offense defined as the unintentional killing (homicide) of another person as a result of criminal negligence, recklessness, or during the commission of a misdemeanor (driving while intoxicated), infraction (speeding), or a felony crime that was not inherently dangerous. Involuntary manslaughter is usually a felony offense and often includes significant jail or prison time as potential punishment.
Involuntary manslaughter laws vary from state to state and are generally located in a state’s statutes—often in the penal or criminal code.
In Georgia, involuntary manslaughter is referred to as involuntary manslaughter in the commission of an unlawful act or involuntary manslaughter in the commission of a lawful act in a reckless manner. It is codified under the Official Code of Georgia Annotated (O.C.G.A.) § 16-5-3. Involuntary manslaughter in the commission of an unlawful act is considered a felony and occurs when a death results from the commission of an unlawful act other than a felony. If the act is a misdemeanor, it is punishable by up to 10 years in prison. Involuntary manslaughter in the commission of a lawful act in a reckless manner is also a felony, and it involves causing a death without intention to do so by performing a lawful act in an unlawful manner likely to cause death or great bodily harm. The punishment for this offense can also include significant prison time. The specific circumstances of the case and the defendant's criminal history can influence the severity of the sentence.