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 Indiana, involuntary manslaughter is addressed under Indiana Code 35-42-1-4. This statute defines involuntary manslaughter as the unintentional killing of another person that occurs when an individual is committing or attempting to commit a Class A misdemeanor, Class B misdemeanor, or infraction that inherently poses a substantial risk of bodily injury to another person. Additionally, involuntary manslaughter can occur if the killing results from the commission of or attempt to commit a Level 5 or Level 6 felony that is not an inherently violent crime. In Indiana, involuntary manslaughter is classified as a Level 5 felony, which carries a potential penalty of one to six years of imprisonment and a fine of up to $10,000. The specific circumstances of the offense, such as the defendant's criminal history and the details of the incident, can influence the severity of the punishment within the statutory guidelines.