Voluntary manslaughter: penalties in each state and country
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.
34 states covered so far
Alabama
2 to 20 years (Class B)
Show the degrees and the statutes
Manslaughter (Class B felony)
- Least
- 2 years
- Most
- 20 years
- Fine
- Up to $30,000, or twice the gain or loss
Manslaughter includes a killing under the influence of a sudden heat of passion caused by provocation, and a reckless killing. Criminally negligent homicide is a Class A misdemeanor (up to one year).
Alaska
Up to 10 years (criminally negligent homicide, Class B) up to 20 years (manslaughter, Class A)
Show the degrees and the statutes
Criminally negligent homicide (Class B felony)
- Least
- No minimum term set by the statute
- Most
- 10 years
- Fine
- Up to $100,000
Presumptive range for a first felony conviction: 1 to 3 years (higher in some listed circumstances). The court may adjust it under AS 12.55.155 to 12.55.175.
Manslaughter (Class A felony)
- Least
- No minimum term set by the statute
- Most
- 20 years
- Fine
- Up to $250,000
Presumptive range for a first felony conviction: 4 to 7 years (7 to 11 years if a firearm or dangerous instrument was used or serious physical injury or death was caused). The court may adjust it under AS 12.55.155 to 12.55.175.
Alaska has one offence of manslaughter (Class A felony). Criminally negligent homicide is a Class B felony.
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)).
Colorado
A class 5 felony (criminally negligent homicide) up to a class 4 felony (manslaughter)
Show the degrees and the statutes
Criminally negligent homicide (Class 5 felony)
- Least
- 1 year
- Most
- 3 years
- Fine
- $1,000 to $100,000
Manslaughter: recklessly causing the death of another, or intentionally causing or aiding a suicide (Class 4 felony)
- Least
- 2 years
- Most
- 6 years
- Fine
- $2,000 to $500,000
Connecticut
A class C felony (second degree) up to a class B felony (first degree)
Show the degrees and the statutes
Manslaughter in the second degree (Class C felony)
- Least
- 1 year
- Most
- 10 years
- Fine
- Up to $10,000
Manslaughter in the first degree (Class B felony)
- Least
- 1 year
- Most
- 20 years
- Fine
- Up to $15,000
With a firearm (§ 53a-55a), the term is 5 to 40 years.
Delaware
2 to 25 years (class B)
Show the degrees and the statutes
Manslaughter (recklessly causing death; causing death with intent to cause serious physical injury; or intentionally causing death under the influence of extreme emotional disturbance) (Class B felony)
- Least
- 2 years
- Most
- 25 years
Delaware defines manslaughter to include intentionally causing a death under the influence of extreme emotional disturbance, and recklessly causing a death.
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.
Idaho
Up to 15 years and a fine of up to $15,000 (voluntary); up to 10 years and $10,000 (involuntary)
Show the degrees and the statutes
Involuntary manslaughter (Offence)
- Least
- No minimum term set by the statute
- Most
- 10 years
- Fine
- Up to $10,000, or both
Voluntary manslaughter (Offence)
- Least
- No minimum term set by the statute
- Most
- 15 years
- Fine
- Up to $15,000, or both
Illinois
A Class 3 felony (involuntary manslaughter, reckless homicide); a Class 1 felony (second degree murder)
Show the degrees and the statutes
Involuntary manslaughter or reckless homicide (Class 3 felony)
- Least
- 2 years
- Most
- 5 years
- Fine
- Up to $25,000, or the amount specified in the offence if greater
Second degree murder (the nearest Illinois offence to voluntary manslaughter) (Class 1 felony)
- Least
- 4 years
- Most
- 15 years
- Fine
- Up to $25,000, or the amount specified in the offence if greater
Illinois treats voluntary manslaughter as second degree murder (720 ILCS 5/9-2). Involuntary manslaughter and reckless homicide are Class 3 felonies, with a Class 2 felony for reckless homicide in listed circumstances such as near a school crossing guard.
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
Maine
Up to 30 years (Class A)
Show the degrees and the statutes
Manslaughter (recklessly or with criminal negligence causing death, or an intentional killing under extreme anger or fear caused by adequate provocation) (Class A crime)
- Least
- No minimum term set by the statute
- Most
- 30 years
- Fine
- A fine of up to $50,000
Under Maine law, an intentional killing under the influence of extreme anger or extreme fear brought about by adequate provocation is manslaughter, a Class A crime. So is causing a death recklessly or with criminal negligence.
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.
Massachusetts
Up to 20 years in state prison, or a fine of up to $1,000 and up to 2 and a half years in jail
Show the degrees and the statutes
Manslaughter (Offence)
- Least
- No minimum term set by the statute
- Most
- 20 years
- Fine
- Up to $1,000, with up to 2 and a half years in jail
Manslaughter while violating the provisions of ch. 266, §§ 102 to 102C is punished by life or any term of years.
Michigan
Up to 15 years, or a fine of up to $7,500, or both
Show the degrees and the statutes
Manslaughter (Felony)
- Least
- No minimum term set by the statute
- Most
- 15 years
- Fine
- Up to $7,500, or both
Minnesota
Up to 10 years (second degree) up to 15 years (first degree, heat of passion)
Show the degrees and the statutes
Manslaughter in the second degree (Felony)
- Least
- No minimum term set by the statute
- Most
- 10 years
- Fine
- A fine of up to $20,000
Manslaughter in the first degree (Felony)
- Least
- No minimum term set by the statute
- Most
- 15 years
- Fine
- A fine of up to $30,000
First-degree manslaughter includes intentionally causing a death in the heat of passion provoked by words or acts that would provoke a person of ordinary self-control. Second-degree manslaughter covers a death caused by culpable negligence that consciously takes chances of causing death or great bodily harm.
Missouri
A class B felony: 5 to 15 years
Show the degrees and the statutes
Voluntary manslaughter: causing death in circumstances that would be second-degree murder but for sudden passion arising from adequate cause (Class B felony)
- Least
- 5 years
- Most
- 15 years
Montana
Up to 20 years or a fine of up to $50,000 (negligent homicide); 2 to 40 years (mitigated deliberate homicide)
Show the degrees and the statutes
Negligent homicide (Offence)
- Least
- No minimum term set by the statute
- Most
- 20 years
- Fine
- Up to $50,000, or both
Mitigated deliberate homicide (Offence)
- Least
- 2 years
- Most
- 40 years
- Fine
- Up to $50,000, in addition
Montana has no offence called manslaughter. A killing under extreme emotional stress is mitigated deliberate homicide (§ 45-5-103). Causing death by negligence is negligent homicide (§ 45-5-104).
Nebraska
A Class IIA felony: up to 20 years
Show the degrees and the statutes
Manslaughter (including causing the death of another unintentionally while in the commission of an unlawful act) (Class IIA felony)
- Least
- No minimum term set by the statute
- Most
- 20 years
Nevada
1 to 10 years and a fine of up to $10,000 (category B)
Show the degrees and the statutes
Voluntary manslaughter (Category B felony)
- Least
- 1 year
- Most
- 10 years
- Fine
- Up to $10,000, in addition
New Hampshire
Up to 30 years
Show the degrees and the statutes
Manslaughter: causing death under extreme mental or emotional disturbance caused by extreme provocation, or recklessly (Manslaughter)
- Least
- No minimum term set by the statute
- Most
- 30 years
Where the death resulted from the driving of a motor vehicle, the court may also revoke the licence indefinitely.
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)).
North Carolina
Class F (involuntary) up to Class D (voluntary)
Show the degrees and the statutes
Involuntary manslaughter (Class F felony)
- Least
- 10 months
- Most
- 33 months (2 years 9 months)
- Fine
- Fine in the court's discretion, in addition to imprisonment
Prior Record Level I: the minimum term runs from 10 to 20 months. The maximum is 33 months where the minimum is 20 (G.S. 15A-1340.17(d)). The chart allows an intermediate or active punishment at this level.
Voluntary manslaughter (Class D felony)
- Least
- 38 months (3 years 2 months)
- Most
- 108 months (9 years)
- Fine
- Fine in the court's discretion, in addition to imprisonment
Prior Record Level I: the minimum term runs from 38 to 80 months (mitigated 38 to 51, presumptive 51 to 64, aggravated 64 to 80). The maximum is 108 months where the minimum is 80 (G.S. 15A-1340.17(e)). Active prison is required.
North Dakota
Up to 5 years (negligent homicide) up to 10 years (manslaughter)
Show the degrees and the statutes
Negligent homicide (Class C felony)
- Least
- No minimum term set by the statute
- Most
- 5 years
- Fine
- A fine of up to $10,000
Manslaughter (Class B felony)
- Least
- No minimum term set by the statute
- Most
- 10 years
- Fine
- A fine of up to $20,000
North Dakota's manslaughter is recklessly causing death. The sections read here have no separate offence of killing in the heat of passion.
Ohio
A felony of the first degree (voluntary manslaughter); involuntary manslaughter is a first-degree felony if the underlying offence is a felony
Show the degrees and the statutes
Voluntary manslaughter (Felony of the first degree)
- Least
- 3 years (minimum term)
- Most
- 16 years 6 months (an 11 year minimum plus 50 per cent)
- Fine
- Up to $20,000
Voluntary manslaughter (R.C. 2903.03) is knowingly causing death while under the influence of sudden passion or a sudden fit of rage brought on by serious provocation occasioned by the victim.
Pennsylvania
A misdemeanor of the first degree (involuntary) up to a felony of the first degree (voluntary)
Show the degrees and the statutes
Involuntary manslaughter (Misdemeanor of the first degree)
- Least
- No minimum term set by the statute
- Most
- 5 years
It is a felony of the second degree where the victim is under 12 and in the care, custody or control of the person who caused the death.
Voluntary manslaughter: killing under sudden and intense passion resulting from serious provocation, or under an unreasonable belief in the need for deadly force (Felony of the first degree)
- Least
- No minimum term set by the statute
- Most
- 20 years
Rhode Island
Up to 30 years
Show the degrees and the statutes
Manslaughter (Offence)
- Least
- No minimum term set by the statute
- Most
- 30 years
South Carolina
2 to 30 years (manslaughter); up to 5 years (involuntary manslaughter)
Show the degrees and the statutes
Involuntary manslaughter (Felony)
- Least
- No minimum term set by the statute
- Most
- 5 years
Manslaughter (voluntary: an unlawful killing without malice) (Felony)
- Least
- 2 years
- Most
- 30 years
'Manslaughter' is the unlawful killing of another without malice, express or implied. Involuntary manslaughter requires criminal negligence, defined as a reckless disregard of the safety of others.
South Dakota
Up to 10 years (second degree, Class 4) up to life (first degree, Class C)
Show the degrees and the statutes
Manslaughter in the second degree (a reckless killing) (Class 4 felony)
- Least
- No minimum term set by the statute
- Most
- 10 years
- Fine
- A fine of $20,000 may be added
Manslaughter in the first degree (Class C felony)
- Least
- No minimum term set by the statute
- Most
- Life imprisonment
- Fine
- A fine of $50,000 may be added
First-degree manslaughter includes a killing without design to effect death, in a heat of passion but in a cruel and unusual manner, or by means of a dangerous weapon. Second-degree manslaughter is a reckless killing.
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.
Vermont
1 to 15 years, or a fine of up to $3,000, or both
Show the degrees and the statutes
Manslaughter (Offence)
- Least
- 1 year
- Most
- 15 years
- Fine
- Up to $3,000, or both
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.
West Virginia
5 to 25 years
Show the degrees and the statutes
Voluntary manslaughter (Offence)
- Least
- 5 years
- Most
- 25 years
The offender is not eligible for parole before serving 5 years, or the period required by § 62-12-13 if longer.
32 countries covered so far
Country codes name the same acts differently, so each entry says which offence is the closest match. Ranges are from the code’s own text.
Algeria
6 months to 3 years (killing by negligence) up to 10 to 20 years (violence causing death without intent to kill)
Show the degrees and the articles
Homicide by negligence (Délit (emprisonnement))
- Least
- 6 months
- Most
- 3 years' imprisonment
Blows or wounds given on purpose, without intent to kill, that cause death (Crime (réclusion))
- Least
- 10 years
- Most
- 20 years' réclusion
The same, with premeditation or ambush (Crime (réclusion))
- Least
- No minimum term set by the statute
- Most
- Life imprisonment (réclusion criminelle à perpétuité)
Algerian law has no separate offence for a killing in the heat of passion. The closest offence is violence that causes death without the intent to kill, shown here with killing by negligence.
Argentina
1 to 5 years (killing by negligence); 1 to 3 years (prisión) or 3 to 6 years (reclusión) for a killing in a state of violent emotion
Show the degrees and the articles
Homicide by imprudence, negligence or professional incompetence (with special disqualification of 5 to 10 years) (Prisión or reclusión)
- Least
- 1 year
- Most
- 5 years
The minimum rises to 2 years if there is more than one fatal victim.
Killing in a state of violent emotion that the circumstances make excusable; or causing death where the means used should not reasonably have caused death (Prisión or reclusión)
- Least
- 3 years (reclusión) or 1 year (prisión)
- Most
- 6 years (reclusión) or 3 years (prisión)
Art. 81(1)(a) covers killing in a state of violent emotion which the circumstances make excusable. Art. 81(1)(b) covers causing death with the intention of harming the body or health, by a means that should not reasonably have caused death.
Austria
6 months to 5 years (killing on request) up to 5 to 10 years (Totschlag)
Show the degrees and the articles
Fahrlässige Tötung (negligent killing) (Straftat (Freiheitsstrafe))
- Least
- No minimum term set by the statute
- Most
- 1 year
- Fine
- A fine in daily rates may be imposed instead of prison
Up to 2 years where the death of several people results.
Grob fahrlässige Tötung (killing by gross negligence) (Straftat (Freiheitsstrafe))
- Least
- No minimum term set by the statute
- Most
- 3 years
Tötung auf Verlangen (killing at the victim's serious and insistent request) (Straftat (Freiheitsstrafe))
- Least
- 6 months
- Most
- 5 years
Totschlag (killing in an understandably violent emotion) (Straftat (Freiheitsstrafe))
- Least
- 5 years
- Most
- 10 years
Körperverletzung mit tödlichem Ausgang (assault resulting in death by negligence) (Straftat (Freiheitsstrafe))
- Least
- 1 year
- Most
- 10 years
1 to 15 years where the death follows bodily injury or harm to health (§ 86(2)).
Totschlag (killing in an understandably violent emotion) is Austria's closest offence to voluntary manslaughter. Killings by negligence are shown for comparison.
Brazil
1 to 3 years (negligent killing) up to 4 to 12 years (injury resulting in death); the 6 to 20 years of simple homicide, reduced, where killing under a violent emotion
Show the degrees and the articles
Homicídio culposo (negligent killing) (Detenção (the lighter kind of prison))
- Least
- 1 year
- Most
- 3 years
Increased by one third where the death results from not following a technical rule of a profession, or where the offender fails to help the victim or flees.
Lesão corporal seguida de morte (injury resulting in death, where the offender neither intended nor risked the death) (Reclusão (the more serious kind of prison))
- Least
- 4 years
- Most
- 12 years
Homicídio simples with the reduction for violent emotion after unjust provocation (Reclusão (the more serious kind of prison))
- Least
- 6 years, reduced by one sixth to one third
- Most
- 20 years, reduced by one sixth to one third
Brazil has no separate offence of voluntary manslaughter. A killing under a violent emotion after unjust provocation is simple homicide with a reduction of one sixth to one third.
Bulgaria
Up to 5 years (excess of self-defence); 1 to 8 years (killing in strong agitation)
Show the degrees and the articles
Killing in excess of the limits of necessary defence (Offence (лишаване от свобода))
- Least
- No minimum term set by the statute
- Most
- 5 years
Killing in a state of strong agitation (basic murder) (Offence (лишаване от свобода))
- Least
- 1 year
- Most
- 8 years
For an aggravated killing under art. 116(1)(1) to (6) committed in strong agitation, the range is 3 to 10 years.
Causing death through ignorance or negligent performance of a dangerous occupation or activity (Offence (лишаване от свобода))
- Least
- 1 year
- Most
- 6 years
Bulgaria has no offence called manslaughter. The nearest are killing in a state of strong agitation provoked by the victim's violence, grave insult or slander or another unlawful act (art. 118) and killing in excess of the limits of necessary defence (art. 119). Causing death by negligence in a dangerous occupation or activity (art. 123) is a lesser offence, with 1 to 6 years.
Canada
Imprisonment for life; at least 4 years if a firearm is used
Show the degrees and the articles
Manslaughter (Indictable offence)
- Least
- No minimum term set by the statute
- Most
- Imprisonment for life
No minimum is set where no firearm is used.
Manslaughter with a firearm (Indictable offence)
- Least
- 4 years
- Most
- Imprisonment for life
Canada has one offence of manslaughter. A killing in the heat of passion caused by sudden provocation can reduce what would be murder to manslaughter (s. 232). The court must consider a life sentence for manslaughter in listed aggravated circumstances, such as a pattern of coercive or controlling conduct towards an intimate partner (s. 236(2)).
China
Up to 3 years (negligent homicide, minor) up to 3 to 7 years (negligent homicide); intentional injury causing death is punished as grave as 10 years to death
Show the degrees and the articles
Negligent homicide in relatively minor circumstances (过失致人死亡罪, 情节较轻) (Crime (fixed-term imprisonment))
- Least
- No minimum term set by the statute
- Most
- 3 years' fixed-term imprisonment
Negligent homicide (过失致人死亡罪) (Crime (fixed-term imprisonment))
- Least
- 3 years
- Most
- 7 years' fixed-term imprisonment
Intentional homicide in relatively minor circumstances (情节较轻) (Crime (fixed-term imprisonment))
- Least
- 3 years
- Most
- 10 years' fixed-term imprisonment
Intentional injury that causes death (故意伤害罪, 致人死亡) (Crime (fixed-term imprisonment))
- Least
- 10 years (if a fixed term is chosen)
- Most
- Death, or life imprisonment, or fixed-term imprisonment of 15 years
China has no separate crime of voluntary manslaughter. A killing in the heat of anger is punished as intentional homicide, with the lighter band where the circumstances were relatively minor (3 to 10 years). A death caused by intentional injury is punished under art. 234(2). A killing by negligence is art. 233.
Croatia
6 months to 5 years (negligent killing); 1 to 10 years (killing in a state of provoked agitation)
Show the degrees and the articles
Causing death by negligence (prouzročenje smrti iz nehaja) (Offence (kazna zatvora))
- Least
- 6 months
- Most
- 5 years
Killing in a state of provoked agitation (usmrćenje) (Offence (kazna zatvora))
- Least
- 1 year
- Most
- 10 years
Croatia has no offence called manslaughter. The nearest are killing in a state of prolonged suffering, strong irritation or fright into which the offender was brought, without fault, by the victim's attack, grave insult or ill-treatment (usmrćenje, art. 112(1)), and causing death by negligence (art. 113).
Czechia
3 to 10 years (killing in strong agitation); up to 3 years (negligent killing)
Show the degrees and the articles
Causing death by negligence (usmrcení z nedbalosti) (Offence (imprisonment))
- Least
- No minimum term set by the statute
- Most
- 3 years
Or a ban on activity. The penalty is 1 to 6 years if the offender breached an important duty arising from their job, profession or position.
Killing in strong agitation (zabití) (Offence (imprisonment))
- Least
- 3 years
- Most
- 10 years
Killing in strong agitation of two or more people, a pregnant woman, or a child under 15 (Offence (imprisonment))
- Least
- 5 years
- Most
- 15 years
Killing in strong agitation (zabití, s. 141) is an intentional killing in strong agitation caused by fear, fright, confusion or another excusable state of mind, or as a result of the victim's earlier reprehensible conduct. Causing death by negligence (s. 143) is a lesser offence.
England and Wales
Up to life imprisonment (no statutory minimum)
Show the degrees and the articles
Manslaughter by reason of loss of control (Coroners and Justice Act 2009, ss. 54-55) (Indictable offence (Crown Court))
- Least
- No minimum term set by the statute
- Most
- Life imprisonment
Offences against the Person Act 1861, s.5; Sentencing Council guideline
Manslaughter by reason of diminished responsibility (Homicide Act 1957, s.2) (Indictable offence (Crown Court))
- Least
- No minimum term set by the statute
- Most
- Life imprisonment
Offences against the Person Act 1861, s.5; Sentencing Council guideline
Unlawful act manslaughter (Indictable offence (Crown Court))
- Least
- No minimum term set by the statute
- Most
- Life imprisonment
Offences against the Person Act 1861, s.5; Sentencing Council guideline
Gross negligence manslaughter (Indictable offence (Crown Court))
- Least
- No minimum term set by the statute
- Most
- Life imprisonment
Offences against the Person Act 1861, s.5; Sentencing Council guideline
England and Wales has one offence of manslaughter, with a maximum of life imprisonment. 'Voluntary manslaughter' is a killing that would be murder, where a partial defence reduces it to manslaughter: loss of control, diminished responsibility or a suicide pact. The Sentencing Council has separate guidelines for each form.
Finland
Up to 2 years (killing by negligence) to 4 to 10 years (mitigated killing)
Show the degrees and the articles
Causing death by negligence (kuolemantuottamus) (Offence)
- Least
- No minimum term set by the statute
- Most
- 2 years
- Fine
- Or a fine (day-fines)
Mitigated killing (surma) (Offence)
- Least
- 4 years
- Most
- 10 years
Finland has no offence called manslaughter. The nearest are killing in mitigating circumstances (surma, 4 to 10 years) and causing death by negligence (kuolemantuottamus, a fine or up to 2 years). A more serious negligence offence exists for gross negligence and was not read for this table.
France
Up to 3 years (killing by negligence) up to 15 or 20 years (violence causing death without intent to kill)
Show the degrees and the articles
Homicide involontaire (killing by negligence) (Délit (emprisonnement))
- Least
- No minimum term set by the statute
- Most
- 3 years' imprisonment (5 years where a safety rule was deliberately and manifestly violated)
- Fine
- Fine of up to €45,000 (€75,000 for the deliberate violation)
Violences ayant entraîné la mort sans intention de la donner (Crime (réclusion criminelle))
- Least
- No minimum term set by the statute
- Most
- 15 years' criminal imprisonment
The same, against a child under 15, a vulnerable person, a parent, a police officer or other listed victim (Crime (réclusion criminelle))
- Least
- No minimum term set by the statute
- Most
- 20 years' criminal imprisonment
French law has no separate offence for a killing in the heat of passion. The closest offence is 'violence causing death without intent to kill'. A killing by negligence is also shown, because it is the mildest homicide offence.
Germany
Up to 5 years (negligent killing) up to 10 or more years (bodily harm causing death)
Show the degrees and the articles
Fahrlässige Tötung (negligent killing) (Vergehen (less serious offence: lower minimum, or a fine))
- Least
- No minimum term set by the statute
- Most
- 5 years
- Fine
- A fine may be imposed instead of prison
Minder schwerer Fall des Totschlags (a less serious case of killing: provoked to rage by ill-treatment or serious insult) (Verbrechen (serious offence: minimum term of one year or more))
- Least
- 1 year
- Most
- 10 years
Körperverletzung mit Todesfolge (bodily harm resulting in death) (Verbrechen (serious offence: minimum term of one year or more))
- Least
- 3 years
- Most
- 15 years (the longest fixed term, section 38)
In less serious cases, between 1 and 10 years.
Germany has a less serious form of Totschlag where the offender was provoked to rage by ill-treatment or a serious insult. A negligent killing and bodily harm that causes death are shown with it, because they are the nearest homicide offences.
Hungary
2 to 8 years (killing in a state of justifiable strong emotion)
Show the degrees and the articles
Killing in a state of strong emotion arising from a justifiable cause (erős felindulásban elkövetett emberölés) (Offence (deprivation of liberty))
- Least
- 2 years
- Most
- 8 years
Iceland
A fine or up to 6 years (negligent killing)
Show the degrees and the articles
Causing death by negligence (mannsbani af gáleysi) (Offence (fangelsi))
- Least
- No minimum term set by the statute
- Most
- 6 years
- Fine
- Or a fine
General Penal Code of Iceland (Almenn hegningarlög), art. 215
Iceland has no offence called manslaughter. A killing with intent is punished under art. 211. The nearest lesser offence is causing death by negligence (art. 215).
India
Up to 5 years (death by rash or negligent act) up to life or 5 to 10 years (culpable homicide)
Show the degrees and the articles
Causing death by a rash or negligent act (Offence (imprisonment of either description))
- Least
- No minimum term set by the statute
- Most
- 5 years' imprisonment of either description
- Fine
- A fine may also be imposed
2 years where the act is done by a registered medical practitioner performing a medical procedure.
Culpable homicide not amounting to murder (including a killing under grave and sudden provocation) (Offence (imprisonment of either description))
- Least
- 5 years (if a fixed term is chosen, where death or likely fatal injury was intended)
- Most
- Imprisonment for life, or imprisonment of either description for up to 10 years
- Fine
- A fine may also be imposed
A killing done by a person deprived of self-control by grave and sudden provocation is not murder (Exception 1 to the definition of murder, s. 101). It is culpable homicide not amounting to murder and falls under s. 105. A death caused by a rash or negligent act is a separate, lighter offence (s. 106).
Ireland
Up to imprisonment for life, or a fine, or both
Show the degrees and the articles
Manslaughter (Offence)
- Least
- No minimum term set by the statute
- Most
- Imprisonment for life (the Act says 'penal servitude for life')
- Fine
- Or a fine
Manslaughter is a common-law offence. The Offences against the Person Act 1861, s. 5, as enacted, says a person convicted of manslaughter is liable to penal servitude for life, or to a fine, or both. 'Penal servitude' was replaced by imprisonment (that substitution was not read).
Italy
6 months to 5 years (negligent killing) up to 10 to 18 years (death from blows)
Show the degrees and the articles
Omicidio colposo (negligent killing) (Delitto (reclusione))
- Least
- 6 months
- Most
- 5 years
2 to 7 years where safety rules at work are breached.
Omicidio preterintenzionale (death caused by acts meant to beat or wound) (Delitto (reclusione))
- Least
- 10 years
- Most
- 18 years
Italy has no separate offence for a killing in the heat of passion. The mitigating circumstance of reacting in anger to another's unjust act (art. 62 no. 2) lowers the penalty for omicidio. 'Omicidio preterintenzionale' is a death caused by acts meant to beat or wound, with no intention to kill.
Japan
A fine (negligent death) up to 3 to 20 years (injury resulting in death)
Show the degrees and the articles
Negligent homicide (過失致死) (Crime (fine))
- Least
- No minimum term set by the statute
- Most
- A fine of up to 500,000 yen
- Fine
- No prison term
Professional negligence or gross negligence causing death or injury (業務上過失致死傷) (Crime (detention, 拘禁刑))
- Least
- No minimum term set by the statute
- Most
- 5 years
- Fine
- Or a fine of up to 1,000,000 yen
Killing on request or with consent, or inciting or assisting suicide (Crime (detention, 拘禁刑))
- Least
- 6 months
- Most
- 7 years
Injury resulting in death (傷害致死) (Crime (detention, 拘禁刑))
- Least
- 3 years
- Most
- 20 years (the longest fixed term, art. 12)
Japan has no separate offence of voluntary manslaughter. A death caused by an assault with intent only to injure is 'injury resulting in death' (art. 205). A killing at the victim's request is art. 202.
Latvia
Up to 5 years (killing in a state of strong mental agitation)
Show the degrees and the articles
Killing in a state of strong mental agitation (slepkavība stipra psihiska uzbudinājuma stāvoklī) (Offence (brīvības atņemšana))
- Least
- No minimum term set by the statute
- Most
- 5 years
Latvia has no offence called manslaughter. The nearest is killing in a state of sudden strong mental agitation caused by violence or a serious attack on honour by the victim (s. 120). The penalty is up to five years, or short-term custody, or probation.
Morocco
3 months to 5 years (killing by negligence) up to 10 to 20 years (blows causing death without intent)
Show the degrees and the articles
Homicide by negligence (Délit (emprisonnement))
- Least
- 3 months
- Most
- 5 years' imprisonment
Blows or wounds given on purpose, without intent to kill, that cause death (Crime (réclusion))
- Least
- 10 years
- Most
- 20 years' réclusion
The same, with premeditation, ambush or a weapon (Crime (réclusion))
- Least
- No minimum term set by the statute
- Most
- Life imprisonment (réclusion perpétuelle)
Moroccan law has no separate offence for a killing in the heat of passion. The closest offence is blows that cause death without intent to kill, shown with killing by negligence.
Netherlands
Up to 2 or 4 years (killing by fault) up to 10 years (serious assault resulting in death)
Show the degrees and the articles
Dood door schuld (causing death by fault) (Misdrijf (crime))
- Least
- No minimum term set by the statute
- Most
- 2 years' prison
Dood door schuld by recklessness (roekeloosheid) (Misdrijf (crime))
- Least
- No minimum term set by the statute
- Most
- 4 years' prison
Mishandeling met dood tot gevolg (assault resulting in death) (Misdrijf (crime))
- Least
- No minimum term set by the statute
- Most
- 6 years' prison
Zware mishandeling met dood tot gevolg (serious assault resulting in death) (Misdrijf (crime))
- Least
- No minimum term set by the statute
- Most
- 10 years' prison
Dutch law has no offence of voluntary manslaughter in the heat of passion. A killing without premeditation is 'doodslag'. The nearest lighter offences are causing death by fault and assault resulting in death.
New Zealand
Up to imprisonment for life
Show the degrees and the articles
Manslaughter (Offence)
- Least
- No minimum term set by the statute
- Most
- Imprisonment for life
Norway
Up to 6 years (negligent killing); up to 10 years (aggravated bodily harm, which includes harm resulting in death)
Show the degrees and the articles
Causing death by negligence (uaktsom forvoldelse av død) (Offence)
- Least
- No minimum term set by the statute
- Most
- 6 years
Aggravated bodily harm (grov kroppsskade), including harm resulting in death (Offence)
- Least
- No minimum term set by the statute
- Most
- 10 years
Norway has no offence called manslaughter. A person who kills with intent is convicted of s. 275 (8 to 21 years). The nearest lesser offences are causing death by negligence (s. 281) and aggravated bodily harm (s. 274), for which the court considers, among other things, whether death resulted.
Portugal
1 to 5 years (privileged homicide); up to 3 years (negligent killing)
Show the degrees and the articles
Homicide by negligence (homicídio por negligência) (Offence (pena de prisão))
- Least
- No minimum term set by the statute
- Most
- 3 years
- Fine
- Or a fine
Homicide by gross negligence (Offence (pena de prisão))
- Least
- No minimum term set by the statute
- Most
- 5 years
Privileged homicide (homicídio privilegiado) (Offence (pena de prisão))
- Least
- 1 year
- Most
- 5 years
Privileged homicide (art. 133) is a killing by a person dominated by understandable violent emotion, compassion, despair or a motive of relevant social or moral value, that substantially reduces their guilt. Causing death by negligence (art. 137) is a lighter offence, and gross negligence is punished more heavily.
Russia
Up to 2 or 3 years for one death in passion, in excess of self-defence, or by negligence; up to 5 years for two or more deaths in passion
Show the degrees and the articles
Causing death by negligence (Crime of small gravity)
- Least
- No minimum term set by the statute
- Most
- 2 years' imprisonment (the court may choose corrective labour, restriction of freedom or forced labour instead)
Killing in excess of the limits of necessary defence (Crime of small gravity)
- Least
- No minimum term set by the statute
- Most
- 2 years' imprisonment (the court may choose a milder penalty)
Killing in a state of affect (sudden strong emotion caused by violence, abuse, serious insult or a long traumatic situation) (Crime of small gravity)
- Least
- No minimum term set by the statute
- Most
- 3 years' imprisonment (the court may choose a milder penalty)
Killing two or more people in a state of affect (Crime of medium gravity)
- Least
- No minimum term set by the statute
- Most
- 5 years' imprisonment (or forced labour for up to 5 years)
Russian law has separate, lightly punished offences for killing in a sudden state of intense emotion (affect), for killing in excess of self-defence, and for killing by negligence. The court may choose a non-custodial penalty in each.
South Korea
At least 3 years (up to 30 years); life or at least 5 years where the victim is a lineal ascendant
Show the degrees and the articles
Death resulting from bodily injury (Offence)
- Least
- 3 years
- Most
- 30 years (the maximum for a term of imprisonment)
A term of at least three years.
Death resulting from bodily injury to the offender's own or the spouse's lineal ascendant (Offence)
- Least
- 5 years
- Most
- Imprisonment for life
Life imprisonment, or a term of at least five years.
South Korea has no offence called manslaughter. The nearest is death resulting from bodily injury (Art. 259): inflicting bodily injury on a person and thereby causing death.
Spain
1 to 4 years (killing by grave negligence); homicidio reduced by a passion or an obsession
Show the degrees and the articles
Homicidio imprudente (killing by grave negligence) (Pena menos grave (prison of 3 months to 5 years))
- Least
- 1 year
- Most
- 4 years
Together with a driving ban of 1 to 6 years if a motor vehicle was used, and a ban on carrying weapons if a firearm was used.
Homicidio with the mitigating circumstance of passion or obsession (Pena grave (prison of more than 5 years))
- Least
- 10 years, lowered by the court
- Most
- The penalty of homicidio (up to 15 years), lowered by the court
Spain has no separate offence of voluntary manslaughter. A killing under overwhelming passion or obsession is homicidio, and the mitigating circumstance of art. 21.3 lowers the penalty. A killing by grave negligence is shown as the nearest separate offence.
Sweden
Up to 3 years (killing by negligence) up to 6 to 10 years (dråp)
Show the degrees and the articles
Vållande till annans död (causing another person's death by negligence) (Brott (fängelse))
- Least
- No minimum term set by the statute
- Most
- 3 years
Or fines if the crime is petty.
Grovt vållande till annans död (the gross form: conscious serious risk-taking, or driving under the influence) (Brott (fängelse))
- Least
- 2 years
- Most
- 6 years
Dråp (manslaughter) (Brott (fängelse))
- Least
- 6 years
- Most
- 10 years
Dråp (3 kap. 2 §) is Sweden's offence for a killing that is less gross than murder, where the circumstances behind the act reduce its seriousness. Killing by negligence is shown for comparison. A woman who kills her child at birth in a disturbed state of mind is guilty of 'barnadråp' (up to 6 years).
Switzerland
Up to 3 years (killing by negligence, or at the victim's request) up to 1 to 10 years (Totschlag)
Show the degrees and the articles
Fahrlässige Tötung (killing by negligence) (Vergehen (misdemeanour: up to 3 years or a fine))
- Least
- No minimum term set by the statute
- Most
- 3 years
- Fine
- A fine (Geldstrafe) may be imposed instead of prison
Tötung auf Verlangen (killing at the victim's serious and insistent request, from honourable motives such as compassion) (Vergehen (misdemeanour: up to 3 years or a fine))
- Least
- No minimum term set by the statute
- Most
- 3 years
- Fine
- A fine (Geldstrafe) may be imposed instead of prison
Kindstötung (a mother killing her child during or just after birth) (Vergehen (misdemeanour: up to 3 years or a fine))
- Least
- No minimum term set by the statute
- Most
- 3 years
- Fine
- A fine (Geldstrafe) may be imposed instead of prison
Totschlag (killing in an excusable violent emotion or under great mental strain) (Verbrechen (felony: more than 3 years))
- Least
- 1 year
- Most
- 10 years
Totschlag (art. 113) is Switzerland's offence for a killing in an excusable violent emotion or under great mental strain. It is the nearest equivalent of voluntary manslaughter.
Taiwan
Up to 5 years (negligence); up to 7 years (killing in sudden righteous indignation); life or at least 7 years (injury causing death)
Show the degrees and the articles
Causing death by negligence (Offence)
- Least
- No minimum term set by the statute
- Most
- 5 years
- Fine
- Or detention, or a fine of up to NT$500,000
Killing on the spot in righteous indignation (Offence)
- Least
- No minimum term set by the statute
- Most
- 7 years
Injury causing death (Offence)
- Least
- 7 years (the alternative is life)
- Most
- Life imprisonment
Taiwan has no offence called manslaughter. The nearest are killing on the spot in righteous indignation (art. 273, up to 7 years), injury that causes death (art. 277(2), life or at least 7 years) and causing death by negligence (art. 276, up to 5 years, detention or a fine of up to NT$500,000).
Turkey
2 to 6 years (killing by negligence); 12 to 18 years for a killing under unjust provocation
Show the degrees and the articles
Taksirle öldürme (killing by negligence) (Crime (hapis, prison))
- Least
- 2 years
- Most
- 6 years
2 to 15 years where the act causes the death of more than one person, or one death and injury to others (art. 85(2)).
Kasten öldürme under unjust provocation (haksız tahrik) (Crime (hapis, prison))
- Least
- 12 years
- Most
- 18 years (the life term is replaced by 12 to 18 years)
18 to 24 years in the aggravated cases of art. 82.
Turkey has no separate offence of voluntary manslaughter. A killing in the heat of anger caused by an unjust act is punished under art. 29 with a reduced penalty. A killing by negligence is shown as the nearest separate offence.
Other states and countries are being added. Spotted a mistake? Tell us.
