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 Florida, manslaughter is defined under Florida Statute 782.07 as the killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification according to the provisions of statute 776 and in cases in which such killing shall not be excusable homicide or murder, and is categorized as a second-degree felony. Florida law does not formally distinguish between voluntary and involuntary manslaughter as separate offenses; instead, it considers circumstances such as the defendant's intent, level of negligence, and whether the act was committed in the heat of passion or during a justifiable use of force. Manslaughter can be punished by up to 15 years in prison, 15 years of probation, and a $10,000 fine. Additionally, Florida recognizes 'Manslaughter by Intoxication' (DUI Manslaughter) under Florida Statute 316.193, which specifically addresses cases where an individual operates a vehicle under the influence and causes the death of another person. This offense carries its own set of penalties, including a mandatory minimum prison sentence. Aggravating factors, such as the victim being elderly, a child, or an officer, can enhance the penalties upon conviction for manslaughter in Florida.