NRS § 200.070 – “Involuntary Manslaughter” Laws in Nevada

Nevada Revised Statute § 200.070 makes it a category D felony to commit involuntary manslaughter, which is “the killing of a human being, without any intent to do so, in the commission of an unlawful act, or a lawful act which probably might produce such a consequence in an unlawful manner.”

Involuntary manslaughter carries one to four years in Nevada State Prison and up to $5,000 in fines. It may be possible to get probation in lieu of incarceration.

In this article, our Las Vegas criminal defense attorneys will address the following key issues regarding involuntary manslaughter:

• 1. Elements of NRS 200.070
• 2. Defenses
• 3. Record Seals
• 4. Immigration Consequences
• 5. Related Offenses
• Frequently-Asked-Questions
• Additional Reading

NRS 200.070 violations carry up to 4 years in prison and $5,000 in fines.

1. Elements of NRS 200.070

For you to be convicted of involuntary manslaughter in Nevada, prosecutors must prove beyond a reasonable doubt the following three elements:

1. You killed another person,
2. The killing was unintentional, and
3. The killing occurred while you were committing an unlawful act or a lawful but negligent act.¹

Potential examples of involuntary manslaughter are:

• Handling a loaded gun that goes off unexpectedly and kills someone.
• A hunter shooting at some rustling in the bushes that turns out to be a person instead of an animal, and the victim dies.
• A parent keeping cocaine in a medicine cabinet, and a child finding the cocaine and dying because of ingesting it.

Involuntary manslaughter is a less serious offense than second-degree murder. Second-degree murder is also an unintentional killing, but it is done with such extreme recklessness that you should have known that death would result: The classic example is playing Russian Roulette.²

Of all Nevada’s homicide crimes, involuntary manslaughter carries the lowest penalties (other than vehicular manslaughter). This is because you do need to intend to cause or risk death; instead, the fatality occurred due to mere carelessness.³

A possible defense to involuntary manslaughter charges is self-defense.

2. Defenses

Here at Las Vegas Defense Group, we have represented countless people charged with homicide, including involuntary manslaughter. In our experience, the following three defenses have proven very effective with prosecutors, judges, and juries at getting NRS 200.070 cases plea bargained down or dismissed.

1) You Acted in Self-Defense or Defense of Others

You are allowed under Nevada law to fight back — even to the death — so long as:

• you reasonably believe you or others are facing immediate death or serious bodily harm, and
• you use no more force than reasonably necessary to defend yourself or others.⁴

Example: David and Darren begin arguing. Suddenly David pulls out a knife and rushes towards Darren. While Darren wrests the knife away, it pierces David’s neck and he dies. Darren gets charged with violating NRS 200.070 for negligently handling the knife. Though if Darren’s attorney can show that Darren was acting in self-defense, the charge should be dropped.

2) The Incident Was an Accident

All involuntary manslaughter cases seem like accidents since the killing was unintentional. Though under Nevada law, you can claim accident as a defense only if you were not:

1. breaking the law or
2. acting in a negligent way.⁵

Example: Naomi keeps the powerful painkiller Lortab in her medicine cabinet. Her 16-year-old daughter takes too many Lortab pills thinking they are only Tylenol and dies. Naomi gets arrested for violating NRS 200.070 for keeping the Lortab accessible to her daughter.

When the defense attorney shows that Naomi was not breaking the law because she had a lawful prescription — and that Naomi was not negligent because her daughter was old enough to distinguish between pills — the prosecution dismisses the charge and agrees it was a tragic accident.

3) You Were Falsely Accused

Some reasons we see why people get falsely accused of homicide include:

• The police made a rash decision about whom to arrest, and the D.A. accepted the police report as an “open and shut” case.
• An enemy of the defendant falsely accused them out of anger or vengeance.
• The actual perpetrator of the death wanted to escape liability by accusing the defendant.

In any event, our job as criminal defense attorneys is to:

• conduct a thorough investigation and
• gather all available evidence such as video and eyewitnesses in an effort to vindicate the accused.

As long as the prosecution has insufficient evidence to prove guilt beyond a reasonable doubt, the charges should be dismissed.

Accident is a common defense to involuntary manslaughter charges.

3. Record Seals

In Nevada, it should be possible to seal an involuntary manslaughter conviction 10 years after the case ends.⁶ A case is considered ended once the sentence is over, including parole and probation.

Note there is no waiting period to get a record sealed if the charge gets dismissed.⁷ However, the record seal process itself may take a few months.

There is no such thing as “attempted involuntary manslaughter” because people cannot “attempt” an involuntary act.

4. Immigration Consequences

Several courts have found that involuntary manslaughter is an aggravated felony and therefore deportable.⁸ Therefore, non-citizens who have been charged with violating NRS 200.070 should retain an experienced attorney right away to try to get the charge lessened to a non-deportable offense.

5. Related Offenses

Note that involuntary manslaughter is a crime under federal law as well under 18 U.S. Code § 1112. It carries up to eight years in prison, which is twice as harsh as Nevada’s penalty.

In some cases, murder charges can be plea bargained down to manslaughter.

Frequently-Asked-Questions

What is the difference between involuntary manslaughter and second-degree murder in Nevada?

Involuntary manslaughter is an unintentional killing due to negligence or during an unlawful act, while second-degree murder is an unintentional killing resulting from extreme recklessness where you should have known death would result. Second-degree murder carries much harsher penalties, including possible life sentences.

How long do I have to wait to seal an involuntary manslaughter conviction in Nevada?

You must wait 10 years after completing your sentence (including probation) before you can apply to have an involuntary manslaughter conviction sealed from your record. If the charges were dismissed, there is no waiting period.

What are the penalties for involuntary manslaughter in Nevada?

Involuntary manslaughter is a category D felony carrying 1 to 4 years in Nevada State Prison and up to $5,000 in fines at the judge’s discretion. The death penalty is never a punishment option for involuntary manslaughter.

Additional Reading

For more in-depth information, refer to these scholarly articles:

• What’s Wrong with Involuntary Manslaughter – Texas Law Review.
• Rethinking the Mental Element in Involuntary Manslaughter – The Journal of Criminal Law. 
• Criminal Law – Involuntary Manslaughter – Unlawful Act as Basis for Conviction – Montana Law Review.
• The Innocent Villain: Involuntary Manslaughter by Text – Michigan Journal of Legal Reform. 
• Involuntary Manslaughter and Assisting Drug-Abuse Injection – Journal of Criminal Law. 

See our related articles: Manslaughter v. Murder – The Law in Nevada and What is an involuntary manslaughter sentence in Nevada?

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