Idaho Code
Idaho Code

Idaho Code § 18-4006 (2026)

Manslaughter defined. 

✓ current as of May 2026
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Manslaughter defined. 

Manslaughter is the unlawful killing of a human being including, but not limited to, a human embryo or fetus, without malice. It is of three (3) kinds:

(1)  Voluntary — upon a sudden quarrel or heat of passion.
(2)  Involuntary — in the perpetration of or attempt to perpetrate any unlawful act, other than those acts specified in section 18-4003(d), Idaho Code; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection; or in the operation of any firearm or deadly weapon in a reckless, careless or negligent manner which produces death.
(3)  Vehicular — in which the operation of a motor vehicle is a significant cause contributing to the death because of:
(a)  The commission of an unlawful act, not amounting to a felony, with gross negligence; or
(b)  The commission of a violation of section 18-8004 or 18-8006, Idaho Code; or
(c)  The commission of an unlawful act, not amounting to a felony, without gross negligence.
Notwithstanding any other provision of law, any evidence of conviction under subsection (3)(b) of this section shall be admissible in any civil action for damages resulting from the occurrence. A conviction for the purposes of subsection (3)(b) of this section means that the person has pled guilty or has been found guilty, notwithstanding the form of the judgment(s) or withheld judgment(s).
Notes of Decisions
Cited in 167 cases (27 in the last 5 years), 1957–2026 · leading case: State v. Padilla, 620 P.2d 286 (Idaho 1980).
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State v. Padilla, 620 P.2d 286 (Idaho 1980). · cites it 28× “The statute does not refer to involuntary manslaughter as a degree of voluntary manslaughter, but rather as a separate kind of manslaughter.”
State v. Paulson, 501 P.3d 873 (Idaho 2022). · cites it 52× “Paulson contends that “the plain language of I.C. § 18-4006 requires the district court to instruct the jury on proximate, intervening, and superseding cause.”
State v. Curtis, 680 P.2d 1383 (Idaho Ct. App. 1984). · cites it 15× “I We turn first to Curtis’ attack upon the manslaughter statute, I.C. § 18-4006. 1 The statute, as it existed when this case arose, defined involuntary manslaughter to include the killing of another human being without malice, while operating a motor vehicle, “[i]n the…”
State v. Ochoa, 505 P.3d 689 (Idaho 2022). · cites it 8× “” This includes vehicular manslaughter, which occurs when, “the operation of a motor vehicle is a significant cause contributing to the death because of .”
State v. Long, 423 P.2d 858 (Idaho 1967). · cites it 38× “Defendant Harley Madison Long, respondent herein, was charged by an amended information with the crime of involuntary manslaughter in the operation of a motor vehicle (I.C. § 18-4006) alleged to have been committed on March 31, 1965.”
Simons v. State, 773 P.2d 1156 (Idaho Ct. App. 1989). · cites it 24× “A All forms of manslaughter are defined in an omnibus statute, I.C. § 18-4006. The *72 statute is a creature of history, evolving through a series of strung-together amendments.”
Haxforth v. State, 786 P.2d 580 (Idaho Ct. App. 1990). · cites it 20× “Idaho Code § 18-4006 (3)(c) states in pertinent part: 18-4006.”
State v. Heredia, 156 P.3d 1193 (Idaho 2007). · cites it 8× “(d) In addition to the foregoing, any person convicted of a violation of section 18-4006 3.”
McKay v. State, 225 P.3d 700 (Idaho 2010). · cites it 4× “I.C. § 18-4006 (emphasis added). McKay was charged under subparagraph (3)(b).”
State v. Thomasson, 832 P.2d 743 (Idaho 1992). · cites it 12× “Where the Court sees that it does not have a complete transcript, as here, rather than bemoan the problem, the Court knows how to order augmentation of an appeal record and remedy that defect.”
State v. Warden, 592 P.2d 836 (Idaho 1979). · cites it 8× “I.C. § 18-4006. Included in that statute's fixed standard of involuntary manslaughter is "the operation of any firearm or deadly weapon in a reckless, careless or negligent manner which produces death.”
State v. Daniel Ryan Straub, 292 P.3d 273 (Idaho 2013). · cites it 4× “In the alternative, Straub was charged with gross negligence in the commission of an unlawful act in violation of I.C. § 18-4006(3)(a). As part of the preliminary matters, the district court denied Straub’s motion to suppress the blood testing evidence.”
Show all 167 citing cases →
— Idaho Code § 18-4006(1) — 32 cases
State v. Padilla, 620 P.2d 286 (Idaho 1980). “The statute does not refer to involuntary manslaughter as a degree of voluntary manslaughter, but rather as a separate kind of manslaughter.”
State v. Thomasson, 832 P.2d 743 (Idaho 1992). “Where the Court sees that it does not have a complete transcript, as here, rather than bemoan the problem, the Court knows how to order augmentation of an appeal record and remedy that defect.”
State v. Hooper, 809 P.2d 467 (Idaho 1991).
State v. Rivas, 921 P.2d 197 (Idaho Ct. App. 1996).
Buss v. State, 211 P.3d 123 (Idaho Ct. App. 2009).
— Idaho Code § 18-4006(2) — 19 cases
State v. Padilla, 620 P.2d 286 (Idaho 1980). “The statute does not refer to involuntary manslaughter as a degree of voluntary manslaughter, but rather as a separate kind of manslaughter.”
State v. Warden, 592 P.2d 836 (Idaho 1979). “I.C. § 18-4006. Included in that statute's fixed standard of involuntary manslaughter is "the operation of any firearm or deadly weapon in a reckless, careless or negligent manner which produces death.”
State v. Sandoval, 452 P.2d 350 (Idaho 1969).
State v. Elison, 21 P.3d 483 (Idaho 2001).
State v. Custodio, 30 P.3d 975 (Idaho Ct. App. 2001).
— Idaho Code § 18-4006(3) — 19 cases
State v. Paulson, 501 P.3d 873 (Idaho 2022). “Paulson contends that “the plain language of I.C. § 18-4006 requires the district court to instruct the jury on proximate, intervening, and superseding cause.”
McKay v. State, 225 P.3d 700 (Idaho 2010). “I.C. § 18-4006 (emphasis added). McKay was charged under subparagraph (3)(b).”
State v. Gilpin, 977 P.2d 905 (Idaho Ct. App. 1999).
State v. Ochoa, 505 P.3d 689 (Idaho 2022). “” This includes vehicular manslaughter, which occurs when, “the operation of a motor vehicle is a significant cause contributing to the death because of .”
Thompson v. State, 436 P.3d 642 (Idaho 2019).
— Idaho Code § 18-4006(3)(a) — 14 cases
State v. Daniel Ryan Straub, 292 P.3d 273 (Idaho 2013). “In the alternative, Straub was charged with gross negligence in the commission of an unlawful act in violation of I.C. § 18-4006(3)(a). As part of the preliminary matters, the district court denied Straub’s motion to suppress the blood testing evidence.”
State v. Wersland, 873 P.2d 144 (Idaho 1994).
State v. Edghill, 999 P.2d 255 (Idaho Ct. App. 2000).
State v. Gardner, 885 P.2d 1144 (Idaho Ct. App. 1994).
State v. Cooper, 39 P.3d 637 (Idaho Ct. App. 2001).
— Idaho Code § 18-4006(3)(b) — 17 cases
State v. Paulson, 501 P.3d 873 (Idaho 2022). “Paulson contends that “the plain language of I.C. § 18-4006 requires the district court to instruct the jury on proximate, intervening, and superseding cause.”
State v. Daniel Ryan Straub, 292 P.3d 273 (Idaho 2013). “In the alternative, Straub was charged with gross negligence in the commission of an unlawful act in violation of I.C. § 18-4006(3)(a). As part of the preliminary matters, the district court denied Straub’s motion to suppress the blood testing evidence.”
Pomrenke v. State, 497 P.3d 548 (Idaho Ct. App. 2021).
Simons v. State, 773 P.2d 1156 (Idaho Ct. App. 1989). “A All forms of manslaughter are defined in an omnibus statute, I.C. § 18-4006. The *72 statute is a creature of history, evolving through a series of strung-together amendments.”
State v. Phillips, 790 P.2d 390 (Idaho Ct. App. 1990).
— Idaho Code § 18-4006(3)(c) — 11 cases
State v. Ochoa, 505 P.3d 689 (Idaho 2022). “” This includes vehicular manslaughter, which occurs when, “the operation of a motor vehicle is a significant cause contributing to the death because of .”
State v. McNair, 108 P.3d 410 (Idaho Ct. App. 2005).
Haxforth v. State, 786 P.2d 580 (Idaho Ct. App. 1990). “Idaho Code § 18-4006 (3)(c) states in pertinent part: 18-4006.”
State v. Heredia, 156 P.3d 1193 (Idaho 2007). “(d) In addition to the foregoing, any person convicted of a violation of section 18-4006 3.”
State v. Horkley, 876 P.2d 142 (Idaho Ct. App. 1994).
— Idaho Code § 18-4006(3)(e) — 2 cases
Haxforth v. State, 786 P.2d 580 (Idaho Ct. App. 1990). “Idaho Code § 18-4006 (3)(c) states in pertinent part: 18-4006.”
State v. McNair, 108 P.3d 410 (Idaho Ct. App. 2005).
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