PC §103(A) - INVOLUNTARY MANSLAUGHTER

CLASS E FELONY

(a) Definition

Involuntary manslaughter is defined as the unlawful killing of another person without malice aforethought, which occurs as a result of recklessness, criminal negligence, or an unlawful act that is not inherently dangerous to human life.

(b) Elements of the Offense

To prove involuntary manslaughter, the prosecution must establish the following elements beyond a reasonable doubt:

  1. The defendant caused the death of another person.

  2. The killing was unintentional and without malice aforethought.

  3. The killing was the result of recklessness, criminal negligence, or an unlawful act that is not inherently dangerous to human life.

  4. The defendant's actions were unlawful and without legal justification or excuse.

(c) Defenses

Defenses to a charge of involuntary manslaughter may include, but are not limited to:

  • Accident: The death was the result of an unforeseeable accident and not the result of the defendant's recklessness or negligence.

  • Lack of causation: The defendant's actions were not the direct cause of the victim's death.

  • Consent: The victim consented to the defendant's actions that led to the death.

(e) Aggravating Factors

Aggravating factors may increase the severity of the offense and the potential penalties, including but not limited to:

  • Prior convictions for similar offenses.

  • Gross negligence or recklessness exhibited by the defendant.

  • Death resulting from the commission of certain felonies or inherently dangerous activities.

Penalties

Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:

JAIL TIME

15 SECONDS OF JAIL TIME.

BOND SET

$6,000.00

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