What’s the difference between voluntary and involuntary manslaughter in Nevada?

Q: What's the difference between voluntary and involuntary manslaughter in Nevada?

Voluntary manslaughter in Nevada (NRS 200.050) is an intentional killing of a human being done in the heat of passion. Involuntary manslaughter in Nevada (NRS 200.070) is an unintentional killing of a human being done in the commission of an unlawful act or a negligent act. Both homicide crimes are felonies, but voluntary manslaughter carries one to ten years in prison while involuntary manslaughter carries one to four years in prison.

Q: What is voluntary manslaughter in Nevada?

Voluntary manslaughter occurs when an enraged person snaps and kills someone right after being been provoked in a significant way that would upset a reasonable person. The classic scenario of voluntary manslaughter is a husband walking in on his wife with another man and immediately pouncing on them and killing them.

Q: What is involuntary manslaughter in Nevada?

Involuntary manslaughter is unintentionally killing another person in the commission of either an unlawful act or a negligent act. An example is carelessly handling a gun, causing it to fire and kill someone. In short, involuntary manslaughter comprises lethal accidents that could have been avoided.

Posted on January 12, 2022

Enraged woman with knife about to commit voluntary manslaughter — Voluntary manslaughter in Nevada is killing in the heat of passion.

Voluntary manslaughter in Nevada (NRS 200.050) is an intentional killing of a human being done in the heat of passion. Involuntary manslaughter in Nevada (NRS 200.070) is an unintentional killing of a human being done in the commission of an unlawful act or a negligent act. Both homicide crimes are felonies, but voluntary manslaughter carries one to ten years in prison while involuntary manslaughter carries one to four years in prison.

What is voluntary manslaughter in Nevada?

Voluntary manslaughter occurs when an enraged person “snaps” and kills someone right after being been provoked in a significant way that would upset a reasonable person. The classic scenario of voluntary manslaughter is a husband walking in on his wife with another man and immediately pouncing on them and killing them.

If too much time passes between the provocation and the killing, then the person would instead face charges for first-degree murder. This is because time gives people the opportunity to premeditate – which is an element of first-degree murder but not voluntary manslaughter.

Voluntary manslaughter is a category B felony carrying one to ten years in Nevada State Prison and a possible fine of up to $10,000. It does not carry the death penalty.¹ Defendants convicted of voluntary manslaughter can get the record sealed ten years after the case ends.²

Potential defenses to voluntary manslaughter charges include that the defendant acted in self-defense, that the incident was an accident, or that the defendant was insane. Depending on the case, the prosecutor may agree to reduce the charge down to involuntary manslaughter.

What is involuntary manslaughter in Nevada?

Involuntary manslaughter is unintentionally killing another person in the commission of either an unlawful act or a negligent act. An example is carelessly handling a gun, causing it to fire and kill someone. In short, involuntary manslaughter comprises lethal accidents that could have been avoided.

Involuntary manslaughter is a less serious crime than second-degree murder, which is unintentionally killing someone through extremely reckless conduct. An example of 2nd-degree murder is playing Russian Roulette. Holding a loaded gun to someone’s head is more than merely careless or negligent. Any reasonable person would know that it would likely result in a death, even if there is no intention for anyone to die.

Involuntary manslaughter is a category D felony, punishable by one to four years in prison and up to $5,000 in fines.³ A conviction can be sealed ten years after the case closes.⁴

Potential defenses to involuntary manslaughter charges include that the defendant acted in self-defense, that the incident was an accident, or that the defendant was falsely accused.

What is vehicular manslaughter?

Vehicular manslaughter (NRS 484B.657) is an entirely separate crime from voluntary- and involuntary manslaughter. It is when a driver “proximately causes the death of another person through an act or omission that constitutes simple negligence.” There is no malice or intent to injure – just momentarily failing to act as a reasonable driver.

Unless the matter involves reckless driving or DUI, vehicular manslaughter is only a misdemeanor. A conviction carries up to six months in jail and/or up to $1,000 in fines.⁵

Group of law firm receptionists with headsets

Call our law firm for legal advice. We offer free consultations.

Legal References

NRS 200.040. NRS 200.050. Newson v. State, (2020) 462 P.3d 246, 136 Nev. Adv. Rep. 22. Hancock v. State, (1964) 80 Nev. 581, 397 P.2d 181.
NRS 179.245.
NRS 200.070. Bailey v. State, (1984) 100 Nev. 562, 688 P.2d 320.
NRS 179.245.
NRS 484B.657.

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.