Neb. Rev. Stat. » Chapter 28
Nebraska Revised Statutes

Neb. Rev. Stat. § 28-305 (2026)

Manslaughter; penalty

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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(1) A person commits manslaughter if he or she kills another without malice upon a sudden quarrel or causes the death of another unintentionally while in the commission of an unlawful act.

(2) Manslaughter is a Class IIA felony.

Notes of Decisions
Cited in 130 cases (24 in the last 5 years), 1980–2026 · leading case: State v. Pettit, 445 N.W.2d 890 (Neb. 1989).
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State v. Pettit, 445 N.W.2d 890 (Neb. 1989). · cites it 50× “Neb. Rev. Stat. § 28-305 (1) (Reissue 1985) provides: “A person commits manslaughter if he kills another without malice, either upon a sudden quarrel, or causes the death of another unintentionally while in the commission of an unlawful act.”
State v. Brouillette, 655 N.W.2d 876 (Neb. 2003). · cites it 28× “On April 21, the State filed an amended information charging Brouillette with two counts of manslaughter in violation of Neb.Rev.Stat. § 28-305 (Reissue 1995). In each count, the State alleged that Brouillette had caused the death of one of the victims "unintentionally while in…”
State v. Roth, 382 N.W.2d 348 (Neb. 1986). · cites it 34× “§ 28-306 (Reissue 1979) or, at the discretion of the prosecution, may be charged with committing the crime of manslaughter in violation of Neb.Rev.Stat. § 28-305 (Reissue 1979). Roth argues that where the death is caused by a motor vehicle, the defendant must be charged with…”
State v. Grant, 876 N.W.2d 639 (Neb. 2016). · cites it 3× “55 Neb. Rev. Stat. § 28-305 (Reissue 2008) (emphasis supplied).”
State v. Carman, 872 N.W.2d 559 (Neb. 2015). · cites it 25× “Carman appeals his conviction for “unlawful act manslaughter” under Neb. Rev. Stat. § 28-305 (Reissue 2008). Carman’s dump truck struck the rear of a car that had stopped or slowed due to highway construction.”
State v. Wright, 622 N.W.2d 676 (Neb. 2001). · cites it 9× “On or about January 28, 1998, the information was amended to a charge of manslaughter pursuant to Neb. Rev. Stat. § 28-305 (Reissue 1995). The amended information alleged that Wright had unintentionally killed Eisenhauer while committing one or more of the following acts: (1)…”
Hall v. State, 646 N.W.2d 572 (Neb. 2002). · cites it 6× “S-01-414, Hall sought a declaration that Neb. Rev. Stat. § 28-305 (Reissue 1995) regarding manslaughter was unconstitutional; in case No.”
State v. Hinrichsen, 877 N.W.2d 211 (Neb. 2016). · cites it 3× “32 So obviously, in a first degree murder prosecution, the State will not prove the offense of voluntary manslaughter.”
State v. Vosler, 345 N.W.2d 806 (Neb. 1984). · cites it 8× “Rev.Stat. § 28-303 (Reissue 1979). To be convicted of second degree murder, one must have caused death "intentionally, but without premeditation.”
State v. Malone, 917 N.W.2d 164 (Neb. Ct. App. 2018). · cites it 3× “" Neb. Rev. Stat. § 28-305 (Reissue 2016). The alleged unlawful act was reckless driving.”
State v. Burlison, 583 N.W.2d 31 (Neb. 1998). · cites it 4× “38, codified at Neb.Rev.Stat. § 28-305 (Reissue 1995) (one "commits manslaughter if he kills another without malice").”
State v. Harrison, 881 N.W.2d 860 (Neb. 2016). · cites it 2× “Harrison filed the instant motion in April 2015, well after the 1-year period of limitation would have expired if either case had recognized a new constitu- tional claim.”
Show all 130 citing cases →
Neb. Rev. Stat. § 28-305(1): 18 cases
State v. Pettit, 445 N.W.2d 890 (Neb. 1989). “Neb. Rev. Stat. § 28-305 (1) (Reissue 1985) provides: “A person commits manslaughter if he kills another without malice, either upon a sudden quarrel, or causes the death of another unintentionally while in the commission of an unlawful act.”
Hall v. State, 646 N.W.2d 572 (Neb. 2002). “S-01-414, Hall sought a declaration that Neb. Rev. Stat. § 28-305 (Reissue 1995) regarding manslaughter was unconstitutional; in case No.”
State v. Cave, 484 N.W.2d 458 (Neb. 1992).
State v. Hinrichsen, 877 N.W.2d 211 (Neb. 2016). “32 So obviously, in a first degree murder prosecution, the State will not prove the offense of voluntary manslaughter.”
State v. Morrow, 467 N.W.2d 63 (Neb. 1991).
Neb. Rev. Stat. § 28-305(2): 7 cases
State v. Wright, 622 N.W.2d 676 (Neb. 2001). “On or about January 28, 1998, the information was amended to a charge of manslaughter pursuant to Neb. Rev. Stat. § 28-305 (Reissue 1995). The amended information alleged that Wright had unintentionally killed Eisenhauer while committing one or more of the following acts: (1)…”
State v. Pettit, 445 N.W.2d 890 (Neb. 1989). “Neb. Rev. Stat. § 28-305 (1) (Reissue 1985) provides: “A person commits manslaughter if he kills another without malice, either upon a sudden quarrel, or causes the death of another unintentionally while in the commission of an unlawful act.”
State v. Tucker, 764 N.W.2d 137 (Neb. Ct. App. 2009).
State v. Sinica, 764 N.W.2d 111 (Neb. 2009).
State v. Burkhardt, 607 N.W.2d 512 (Neb. 2000).
Neb. Rev. Stat. § 28-305(b): 1 case
State v. Koch, No. A-15-959, 2016 WL 3083135 (Neb. Ct. App. May 24, 2016).
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