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 West Virginia, involuntary manslaughter is recognized as an unintentional killing that occurs either through criminal negligence or during the commission of an unlawful act that is not a felony. This offense is typically categorized under the broader term of 'manslaughter.' According to West Virginia Code §61-2-1, manslaughter is considered a felony. The state distinguishes between voluntary and involuntary manslaughter, with involuntary manslaughter often involving reckless or negligent behavior that leads to someone's death. This could include actions such as driving under the influence of alcohol or drugs. The penalties for involuntary manslaughter in West Virginia can be severe, including the possibility of imprisonment. The specific circumstances of the incident, such as the level of negligence and whether a misdemeanor or infraction was being committed at the time of the death, will influence the severity of the charges and the potential punishment.