Indiana criminal charge
Involuntary manslaughter in Indiana
Involuntary manslaughter is a criminal offense under Indiana law, defined by Ind. Code § 35-42-1-4. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-42-1-4.
What is the penalty for involuntary manslaughter in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 6 years (Involuntary manslaughter - killing a human being — A person kills another human being while committing or attempting to commit a Level 5 or Level 6 felony that inherently poses a risk of serious bodily injury, a Class A misdemeanor that inherently poses a risk of serious bodily injury, or a battery.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Involuntary manslaughter - killing a human being — A person kills another human being while committing or attempting to commit a Level 5 or Level 6 felony that inherently poses a risk of serious bodily injury, a Class A misdemeanor that inherently poses a risk of serious bodily injury, or a battery.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 1 years to 6 years (Involuntary manslaughter - killing a fetus — A person kills a fetus while committing or attempting to commit a Level 5 or Level 6 felony that inherently poses a risk of serious bodily injury, a Class A misdemeanor that inherently poses a risk of serious bodily injury, a battery offense under IC 35-42-2, or a violation of the operating while intoxicated statutes (IC 9-30-5-1 through IC 9-30-5-5).; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Involuntary manslaughter - killing a fetus — A person kills a fetus while committing or attempting to commit a Level 5 or Level 6 felony that inherently poses a risk of serious bodily injury, a Class A misdemeanor that inherently poses a risk of serious bodily injury, a battery offense under IC 35-42-2, or a violation of the operating while intoxicated statutes (IC 9-30-5-1 through IC 9-30-5-5).) | discretionary | Ind. Code § 35-50-2-6 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is involuntary manslaughter classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Involuntary manslaughter - killing a human being | Level 5 Felony | A person kills another human being while committing or attempting to commit a Level 5 or Level 6 felony that inherently poses a risk of serious bodily injury, a Class A misdemeanor that inherently poses a risk of serious bodily injury, or a battery. | Ind. Code § 35-42-1-4(b) |
| Involuntary manslaughter - killing a fetus | Level 5 Felony | A person kills a fetus while committing or attempting to commit a Level 5 or Level 6 felony that inherently poses a risk of serious bodily injury, a Class A misdemeanor that inherently poses a risk of serious bodily injury, a battery offense under IC 35-42-2, or a violation of the operating while intoxicated statutes (IC 9-30-5-1 through IC 9-30-5-5). | Ind. Code § 35-42-1-4(c) |
Common questions about involuntary manslaughter in Indiana
Is involuntary manslaughter a felony or a misdemeanor in Indiana?
Involuntary manslaughter is a Level 5 Felony in Indiana under Ind. Code § 35-42-1-4.
Involuntary manslaughter - killing a human being: Level 5 Felony (Ind. Code § 35-42-1-4(b)) · Involuntary manslaughter - killing a fetus: Level 5 Felony (Ind. Code § 35-42-1-4(c))
What are the penalties for involuntary manslaughter in Indiana?
Penalties for involuntary manslaughter in Indiana depend on how it is classified — from a Level 5 Felony up to a Level 5 Felony — with the ranges set by Ind. Code § 35-50-2-6; the full table of ranges by variant is published on this page.
Which Indiana statute covers involuntary manslaughter?
Involuntary manslaughter is governed by Ind. Code § 35-42-1-4 (Involuntary manslaughter).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.