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 (ORC) Section 2903. Manslaughter is divided into two main types: voluntary and involuntary. Voluntary manslaughter (ORC 2903.03) occurs when someone causes the death of another in a fit of rage or under the influence of sudden passion, provoked by the victim to the extent that a reasonable person would lose self-control. Involuntary manslaughter (ORC 2903.04) occurs when a death is caused as a result of the defendant committing or attempting to commit a misdemeanor, or as a result of committing a felony that is not an offense of violence or not a first or second-degree felony. Both types of manslaughter are considered felony offenses in Ohio. Voluntary manslaughter is typically a first-degree felony, while involuntary manslaughter can range from a first to a third-degree felony, depending on the circumstances. The penalties for manslaughter in Ohio can include lengthy prison terms, with the possibility of additional penalties if aggravating factors are present.
