Voluntary manslaughter: penalties in each state
Killing another person in the heat of passion after serious provocation. In some states the same offence also covers reckless killings.
What to look for: A few states have a single 'manslaughter' offence, so the closest one is shown.
These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. Not legal advice.
9 states covered so far
Arizona
3 to 12.5 years (7 to 21 years if a dangerous offence)
Show the degrees and the statutes
Manslaughter (Class 2 felony)
- Least
- 3 years
- Most
- 12.5 years
- Fine
- Fine of up to $150,000
A first offence: usual term 5 years, between 4 and 10 years; 3 years if the court finds mitigating factors and 12.5 years if it finds aggravating factors (§ 13-702). If it is a dangerous offence, the range is 7 to 21 years (§ 13-704).
Arizona has a single manslaughter offence. It covers recklessly causing a death and killing on a sudden quarrel or in the heat of passion.
California
3, 6 or 11 years
Show the degrees and the statutes
Voluntary manslaughter (Felony)
- Least
- 3 years
- Most
- 11 years
- Fine
- Fine of up to $10,000, where the offence sets no fine (§ 672)
Three possible terms set by the statute: 3, 6 or 11. The court chooses among them. Involuntary manslaughter is 2, 3 or 4 years (§ 193(b)).
Florida
Up to 15 years
Show the degrees and the statutes
Manslaughter (Felony of the second degree)
- Least
- No minimum term set by the statute
- Most
- Up to 15 years
- Fine
- Fine of up to $10,000
Florida has one manslaughter offence. It covers killing by act, procurement or culpable negligence that is not murder or excusable homicide, including killing in the heat of passion. Aggravated manslaughter (of a child, an elderly person or an officer) is a first-degree felony.
Iowa
Up to 10 years, and a fine
Show the degrees and the statutes
Voluntary manslaughter (Class C felony)
- Least
- No minimum term set by the statute
- Most
- Up to 10 years
- Fine
- Fine of $1,370 to $13,660
Maryland
Up to 10 years
Show the degrees and the statutes
Manslaughter (Felony)
- Least
- No minimum term set by the statute
- Most
- Up to 10 years
Maryland has a single manslaughter offence. A person may instead be sentenced to up to 2 years in a local correctional facility or a fine of up to $500, or both.
New York
5 to 25 years
Show the degrees and the statutes
Manslaughter in the first degree (including killing under extreme emotional disturbance) (Class B violent felony)
- Least
- 5 years
- Most
- 25 years
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
A violent felony offense, so the term is fixed between 5 and 25 years (§ 70.02(3)(a)).
Texas
2 to 20 years
Show the degrees and the statutes
Murder under sudden passion (Felony of the second degree)
- Least
- 2 years
- Most
- 20 years
- Fine
- Fine of up to $10,000
The defendant must prove the sudden passion by a preponderance of the evidence.
Manslaughter (reckless killing) (Felony of the second degree)
- Least
- 2 years
- Most
- 20 years
- Fine
- Fine of up to $10,000
In Texas, a murder committed in sudden passion arising from adequate cause is a second-degree felony, if the defendant proves it at the punishment stage (§ 19.02(d)). Reckless killing is 'manslaughter' (§ 19.04), also a second-degree felony.
Virginia
1 to 10 years, or up to 12 months in jail
Show the degrees and the statutes
Voluntary manslaughter (Class 5 felony)
- Least
- 1 year in prison, or no prison term if the court chooses jail instead
- Most
- 10 years, or up to 12 months in jail and a fine of up to $2,500
Washington
Up to 10 years (second degree) up to life (first degree)
Show the degrees and the statutes
Manslaughter in the second degree (Class B felony)
- Least
- No minimum term set by the statute
- Most
- Up to 10 years
- Fine
- Fine of up to $20,000
Manslaughter in the first degree (Class A felony)
- Least
- No minimum term set by the statute
- Most
- Life imprisonment
- Fine
- Fine of up to $50,000
Washington has no manslaughter offence based on heat of passion. First-degree manslaughter is a reckless killing, and second-degree manslaughter is a killing by criminal negligence.
Other states are being added. Spotted a mistake? Tell us.
