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 Ohio, manslaughter is categorized under Ohio Revised Code Section 2903.03 and 2903.04. Voluntary manslaughter (ORC 2903.03) occurs when someone causes the death of another in a fit of rage or sudden passion provoked by the victim, which would provoke a similar response in an ordinary person, and without prior calculation or design. Involuntary manslaughter (ORC 2903.04) occurs when a death is caused as a result of the defendant committing or attempting to commit a felony, or when the death is caused by the defendant's reckless or negligent behavior during a misdemeanor or regulatory offense. Manslaughter in Ohio is a felony offense, with voluntary manslaughter typically charged as a first-degree felony and involuntary manslaughter as a first- or third-degree felony, depending on the circumstances. The penalties for manslaughter convictions in Ohio can include lengthy prison terms, with the exact sentence depending on factors such as the degree of the felony and the defendant's criminal history.
