Manslaughter is the unlawful killing or homicide of a human being without the premeditation or malice (malice aforethought) required for the criminal offense of murder.
Many states have two types of manslaughter: (1) voluntary manslaughter—the defendant intended to kill the victim, but did so in self-defense, or in the heat of passion and without premeditation, or the defendant was insane and did not understand that the killing was wrong; and (2) involuntary manslaughter—the defendant negligently or recklessly caused the death of another person—such as when a person is intoxicated while operating a motor vehicle and causes an accident that results in the death of another person.
Some states do not have separate criminal offenses for voluntary and involuntary manslaughter—these states may have the offense of manslaughter and identify certain aggravating factors that may enhance the penalties upon a conviction for manslaughter.
Manslaughter is a felony offense and may be punished by a lengthy prison term. Manslaughter laws are generally located in a state's statutes—often in the penal or criminal code.
In Georgia, manslaughter is categorized into two distinct offenses: voluntary manslaughter and involuntary manslaughter, as defined under the Official Code of Georgia Annotated (O.C.G.A.). Voluntary manslaughter (O.C.G.A. § 16-5-2) occurs when a person acts in the heat of passion resulting from a serious provocation, such as in cases of self-defense or intense emotional situations, and without premeditation. Involuntary manslaughter (O.C.G.A. § 16-5-3) can be committed in two ways: either through the commission of an unlawful act other than a felony that results in death, or through the commission of a lawful act in an unlawful manner likely to cause death or great bodily harm. Both types of manslaughter are considered felonies in Georgia. Voluntary manslaughter carries a penalty of one to 20 years in prison, while involuntary manslaughter can result in a prison term of one to 10 years, depending on whether it's committed through a misdemeanor or a lawful act performed unlawfully. These laws reflect Georgia's approach to addressing the unlawful killing of a human being without the malice aforethought required for murder.