18 U.S.C. § 1112

Manslaughter

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(a) Manslaughter is the unlawful killing of a human being without malice. It is of two kinds:

Voluntary—Upon a sudden quarrel or heat of passion.

Involuntary—In the commission of an unlawful act not amounting to a felony, or in the commission in an unlawful manner, or without due caution and circumspection, of a lawful act which might produce death.

(b) Within the special maritime and territorial jurisdiction of the United States,

Whoever is guilty of voluntary manslaughter, shall be fined under this title or imprisoned not more than 15 years, or both;

Whoever is guilty of involuntary manslaughter, shall be fined under this title or imprisoned not more than 8 years, or both.

(June 25, 1948, ch. 645, 62 Stat. 756; Pub. L. 103–322, title XXXII, § 320102, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2109, 2147; Pub. L. 104–294, title VI, § 604(b)(13), Oct. 11, 1996, 110 Stat. 3507; Pub. L. 110–177, title II, § 207, Jan. 7, 2008, 121 Stat. 2538.)Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §§ 453, 454 (Mar. 4, 1909, ch. 321, §§ 274, 275, 35 Stat. 1143).

Section consolidates punishment provisions of sections 453 and 454 of title 18, U.S.C., 1940 ed.

The special maritime and territorial jurisdiction provision was added in view of definitive section 7 this title.

Minor changes were made in phraseology.

Editorial NotesAmendments

2008—Subsec. (b). Pub. L. 110–177 substituted “15 years” for “ten years” in second par. and “8 years” for “six years” in last par.

1996—Subsec. (b). Pub. L. 104–294 repealed Pub. L. 103–322, § 320102(2). See 1994 Amendment note below.

1994—Subsec. (b). Pub. L. 103–322, § 330016(1)(H), substituted “fined under this title” for “fined not more than $1,000” in last par.

Pub. L. 103–322, § 320102(3), substituted “six years” for “three years” in last par.

Pub. L. 103–322, § 320102(2), which provided for amendment identical to Pub. L. 103–322, § 330016(1)(H), above, was repealed by Pub. L. 104–294, § 604(b)(13).

Pub. L. 103–322, § 320102(1)(B), which directed the amendment of subsec. (b) by inserting “, or both” after “years”, was executed by inserting the material after “years” in second par., which was the first place the word appeared in text, to reflect the probable intent of Congress.

Pub. L. 103–322, § 320102(1)(A), inserted “fined under this title or” after “shall be” in second par.

Statutory Notes and Related SubsidiariesEffective Date of 1996 Amendment

Amendment by Pub. L. 104–294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104–294, set out as a note under section 13 of this title.

Notes of Decisions

Cited in 477 cases (55 in the last 5 years), 1952–2026 · leading case: United States v. Key, 599 F.3d 469 (5th Cir. 2010).

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United States v. Key, 599 F.3d 469 (5th Cir. 2010). · cites it 16× “InvoluntaryIn the commission of an unlawful act not amounting to a felony, or in the commission in an unlawful manner, or without due caution and circumspection, of a lawful act which might produce death.”

United States v. Serawop, 410 F.3d 656 (10th Cir. 2005). · cites it 13× “This appeal requires us to decide what mental state is required to convict a defendant of voluntary manslaughter under 18 U.S.C. § 1112 and to determine how district courts must instruct juries regarding that mental element.”

United States v. Samantha Flute, 929 F.3d 584 (8th Cir. 2019). · cites it 12× “After the death of Samantha Flute’s newborn baby due to combined drug toxicity, the United States charged her with one count of involuntary manslaughter committed within Indian Country, in violation of 18 U.S.C. §§ 1112 and 1153. Flute filed a motion to dismiss the Indictment on…”

United States v. Joseph Simms, 914 F.3d 229 (4th Cir. 2019). · cites it 2× “The Ninth Circuit has held, for example, that involuntary manslaughter, 18 U.S.C. § 1112 , is not categorically a crime of violence because it “requires a mental state of only gross negligence.”

United States v. Dominguez-Ochoa, 386 F.3d 639 (5th Cir. 2004). · cites it 5× “4 concerns, inter alia, the federal crime of manslaughter, 18 U.S.C. § 1112 , discussed infra, when it is involuntary, as defined in § 1112.”

United States v. Michael Slager, 912 F.3d 224 (4th Cir. 2019). · cites it 3× “[u]pon a sudden quarrel or heat of passion," 18 U.S.C. § 1112 (a). In other words, malice aforethought "is the distinguishing characteristic which, when present, makes a homicide murder rather than manslaughter.”

United States v. Randly Begay, 934 F.3d 1033 (9th Cir. 2019). · cites it 3× “14 Following Leocal and Fernandez-Ruiz, we next overruled our prior precedent, which had made involuntary manslaughter, 15 under 18 U.S.C. § 1112 , a crime of violence. United States v.”

United States v. Rene C. Martinez, Kenneth W. Noel, & Steven T. Garcia, 988 F.2d 685 (7th Cir. 1993). · cites it 3× “” 18 U.S.C. § 1112 (a). The defendants argued at trial, echoed here, that they had no premeditated design to kill, and that the events proceeded at so fast a pace that they had no opportunity to, and did not, form the intent equivalent to malice aforethought.”

United States v. Ganadonegro, 854 F. Supp. 2d 1088 (D.N.M. 2012). · cites it 7× “§ 1111 ; (ii) voluntary manslaughter in violation of 18 U.S.C. § 1112 ; and (iii) negligent child abuse resulting in death in violation of N.”

United States v. Conatser, 514 F.3d 508 (6th Cir. 2008). · cites it 2× “" 18 U.S.C. § 1112 (a). Malice aforethought may be inferred when the defendant "grossly deviates from the standard of care to such an extent that a jury could conclude that he must have been aware of a serious risk of death or serious bodily injury.”

United States v. Christie, 717 F.3d 1156 (10th Cir. 2013). · cites it 4× “18 U.S.C. § 1112 (a). The two offenses, as well, are clearly unlawful and felonious acts under New Mexico law, and this may mean that one who commits them is necessarily not guilty of federal involuntary manslaughter.”

United States v. Daniel Brown, 992 F.3d 665 (8th Cir. 2021). · cites it 3× “Brown was subsequently indicted on one count of involuntary manslaughter, in violation of 18 U.S.C. §§ 1112 and 1153.2 At trial, Brown Otter’s sister, Corrie Brown Otter, testified about the events of that evening, stating that shortly before the accident, she saw the group in…”

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— 18 U.S.C. § 1112(a) — 1 case

State v. McGuire, 490 S.E.2d 912 (W. Va. 1997).

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