New Jersey criminal charge
Manslaughter in New Jersey
Manslaughter is a criminal offense under New Jersey law, defined by N.J.S.A. 2C:11-4. Its classification is not fixed: New Jersey 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 N.J.S.A. 2C:11-4.
What is the penalty for manslaughter in New Jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 10 years to 20 years (Aggravated manslaughter - reckless under circumstances of extreme indifference — Applies when the actor recklessly causes death under circumstances manifesting extreme indifference to human life.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to $200,000 (Aggravated manslaughter - reckless under circumstances of extreme indifference — Applies when the actor recklessly causes death under circumstances manifesting extreme indifference to human life.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 10 years to 20 years (Aggravated manslaughter - death while fleeing/eluding law enforcement — Applies when the actor causes the death of another person while fleeing or attempting to elude a law enforcement officer in violation of N.J.S.2C:29-2 subsection b.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to $200,000 (Aggravated manslaughter - death while fleeing/eluding law enforcement — Applies when the actor causes the death of another person while fleeing or attempting to elude a law enforcement officer in violation of N.J.S.2C:29-2 subsection b.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 5 years to 10 years (Manslaughter — Applies to criminal homicide committed recklessly, or a homicide that would otherwise be murder but is committed in the heat of passion resulting from reasonable provocation.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to $150,000 (Manslaughter — Applies to criminal homicide committed recklessly, or a homicide that would otherwise be murder but is committed in the heat of passion resulting from reasonable provocation.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
Applies to current.
How is manslaughter classified in New Jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Aggravated manslaughter - reckless under circumstances of extreme indifference | Crime of the First Degree | Applies when the actor recklessly causes death under circumstances manifesting extreme indifference to human life. | N.J.S.A. 2C:11-4undefined |
| Aggravated manslaughter - death while fleeing/eluding law enforcement | Crime of the First Degree | Applies when the actor causes the death of another person while fleeing or attempting to elude a law enforcement officer in violation of N.J.S.2C:29-2 subsection b. | N.J.S.A. 2C:11-4undefined |
| Manslaughter | Crime of the Second Degree | Applies to criminal homicide committed recklessly, or a homicide that would otherwise be murder but is committed in the heat of passion resulting from reasonable provocation. | N.J.S.A. 2C:11-4undefined |
Common questions about manslaughter in New Jersey
What degree of offense is manslaughter in New Jersey?
It depends on the circumstances: manslaughter ranges from a Crime of the Second Degree to a Crime of the First Degree in New Jersey under N.J.S.A. 2C:11-4.
Aggravated manslaughter - reckless under circumstances of extreme indifference: Crime of the First Degree (N.J.S.A. 2C:11-4) · Aggravated manslaughter - death while fleeing/eluding law enforcement: Crime of the First Degree (N.J.S.A. 2C:11-4) · Manslaughter: Crime of the Second Degree (N.J.S.A. 2C:11-4)
What are the penalties for manslaughter in New Jersey?
Penalties for manslaughter in New Jersey depend on how it is classified — from a Crime of the Second Degree up to a Crime of the First Degree — with the ranges set by N.J.S.A. 2C:43-6; the full table of ranges by variant is published on this page.
Which New Jersey statute covers manslaughter?
Manslaughter is governed by N.J.S.A. 2C:11-4 (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.