Va. Code » Title 18.2. Crimes and Offenses Generally » Chapter 4. Crimes Against the Person » Article 1. Homicide
Virginia Code

Va. Code Ann. § 18.2-36.1 (2026)

Certain conduct punishable as involuntary manslaughter

✓ current as of May 2026
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A. Any person who, as a result of driving under the influence in violation of clause (ii), (iii), or (iv) of § 18.2-266 or any local ordinance substantially similar thereto unintentionally causes the death of another person, shall be guilty of involuntary manslaughter.

B. If, in addition, the conduct of the defendant was so gross, wanton and culpable as to show a reckless disregard for human life, he shall be guilty of aggravated involuntary manslaughter, a felony punishable by a term of imprisonment of not less than one nor more than 20 years, one year of which shall be a mandatory minimum term of imprisonment.

C. The provisions of this section shall not preclude prosecution under any other homicide statute. This section shall not preclude any other revocation or suspension required by law. The driver's license of any person convicted under this section shall be revoked pursuant to subsection B of § 46.2-391.

1989, cc. 554, 574; 1992, c. 862; 1994, cc. 635, 682; 1999, cc. 945, 987; 2000, cc. 956, 982; 2004, c. 461.

Notes of Decisions
Cited in 92 cases (18 in the last 5 years), 1994–2026 · leading case: West v. Commonwealth, 597 S.E.2d 274 (Va. Ct. App. 2004).
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West v. Commonwealth, 597 S.E.2d 274 (Va. Ct. App. 2004). · cites it 98× “On appeal, he contends the trial court violated his Fifth Amendment right against double jeopardy by convicting him of both aggravated involuntary manslaughter and involuntary manslaughter.”
Stevens v. Commonwealth, 616 S.E.2d 754 (Va. Ct. App. 2005). · cites it 114× “David Alan Stevens appeals his conviction for aggravated involuntary manslaughter in violation of Code § 18.2-36.1. He contends that the trial court erred by: (1) failing to foreclose prosecution of the aggravated involuntary manslaughter charge on the ground that the…”
Stevens v. Commonwealth, 603 S.E.2d 642 (Va. Ct. App. 2004). · cites it 150× “David Alan Stevens appeals his conviction for aggravated involuntary manslaughter in violation of Code § 18.2-36.1. He contends that the trial court erred by: (1) failing to foreclose prosecution of the aggravated involuntary manslaughter charge on the ground that the…”
Hall v. Commonwealth, 529 S.E.2d 829 (Va. Ct. App. 2000). · cites it 62× “2-267 bars that testimony in a prosecution under Code § 18.2-36.1. The Commonwealth argues that Code § 18.”
Dalo v. Commonwealth, 554 S.E.2d 705 (Va. Ct. App. 2001). · cites it 38× “1 and for the crime of driving while intoxicated in violation of Code § 18.2-266(h), (hi) and (iv).”
Davis v. Commonwealth, 703 S.E.2d 259 (Va. Ct. App. 2011). · cites it 22× “Code § 18.2-36.1 (aggravated involuntary manslaughter) provides, in relevant part: A.”
Payne v. Com., 674 S.E.2d 835 (Va. 2009). · cites it 20× “2-33, aggravated involuntary manslaughter in violation of Code § 18.2-36.1, and two counts of felony "hit and run" in violation of Code § 46.”
Emily Lynn Aponte v. Commonwealth of Virginia, 804 S.E.2d 866 (Va. Ct. App. 2017). · cites it 8× “Emily Lynn Aponte (“appellant”) appeals her convictions of involuntary manslaughter, in violation of Code § 18.2-36.1, driving while intoxicated (second offense within five to ten years) with a child in her vehicle, in violation of Code §§ 18.”
West v. Dir. of the Dep't of Corr., 639 S.E.2d 190 (Va. 2007). · cites it 8× “, in violation of Code § 18.2-36.1, common law involuntary manslaughter of Jenkins, punishable under Code § 18.”
Wyatt v. Commonwealth, 624 S.E.2d 118 (Va. Ct. App. 2006). · cites it 26× “2-266 or any local ordinance substantially similar thereto unintentionally causes the death of another person, shall be guilty of involuntary manslaughter.”
Leslie Itutu Camp v. Commonwealth of Virginia, 813 S.E.2d 10 (Va. Ct. App. 2018). · cites it 6× “1(B) classifies the offense as “aggravated involuntary manslaughter” and imposes a “mandatory minimum term of imprisonment” if “the conduct of the defendant was so gross, wanton and culpable as to show a reckless disregard for human life[.”
Goodman v. Commonwealth, 558 S.E.2d 555 (Va. Ct. App. 2002). · cites it 8× “2-266(ii), (iii) or (iv) is lesser included in involuntary manslaughter as proscribed by Code § 18.2-36.1. Nevertheless, for the reasons set out in Dalo v.”
Show all 92 citing cases →
— Va. Code Ann. § 18.2-36.1(A) — 26 cases
West v. Commonwealth, 597 S.E.2d 274 (Va. Ct. App. 2004). “On appeal, he contends the trial court violated his Fifth Amendment right against double jeopardy by convicting him of both aggravated involuntary manslaughter and involuntary manslaughter.”
Dalo v. Commonwealth, 554 S.E.2d 705 (Va. Ct. App. 2001). “1 and for the crime of driving while intoxicated in violation of Code § 18.2-266(h), (hi) and (iv).”
Stevens v. Commonwealth, 616 S.E.2d 754 (Va. Ct. App. 2005). “David Alan Stevens appeals his conviction for aggravated involuntary manslaughter in violation of Code § 18.2-36.1. He contends that the trial court erred by: (1) failing to foreclose prosecution of the aggravated involuntary manslaughter charge on the ground that the…”
Isaac v. Commonwealth, 708 S.E.2d 435 (Va. Ct. App. 2011).
Emily Lynn Aponte v. Commonwealth of Virginia, 804 S.E.2d 866 (Va. Ct. App. 2017). “Emily Lynn Aponte (“appellant”) appeals her convictions of involuntary manslaughter, in violation of Code § 18.2-36.1, driving while intoxicated (second offense within five to ten years) with a child in her vehicle, in violation of Code §§ 18.”
— Va. Code Ann. § 18.2-36.1(B) — 33 cases
West v. Commonwealth, 597 S.E.2d 274 (Va. Ct. App. 2004). “On appeal, he contends the trial court violated his Fifth Amendment right against double jeopardy by convicting him of both aggravated involuntary manslaughter and involuntary manslaughter.”
Davis v. Commonwealth, 703 S.E.2d 259 (Va. Ct. App. 2011). “Code § 18.2-36.1 (aggravated involuntary manslaughter) provides, in relevant part: A.”
Wyatt v. Commonwealth, 624 S.E.2d 118 (Va. Ct. App. 2006). “2-266 or any local ordinance substantially similar thereto unintentionally causes the death of another person, shall be guilty of involuntary manslaughter.”
Emily Lynn Aponte v. Commonwealth of Virginia, 804 S.E.2d 866 (Va. Ct. App. 2017). “Emily Lynn Aponte (“appellant”) appeals her convictions of involuntary manslaughter, in violation of Code § 18.2-36.1, driving while intoxicated (second offense within five to ten years) with a child in her vehicle, in violation of Code §§ 18.”
Hall v. Commonwealth, 529 S.E.2d 829 (Va. Ct. App. 2000). “2-267 bars that testimony in a prosecution under Code § 18.2-36.1. The Commonwealth argues that Code § 18.”
— Va. Code Ann. § 18.2-36.1(C) — 7 cases
West v. Commonwealth, 597 S.E.2d 274 (Va. Ct. App. 2004). “On appeal, he contends the trial court violated his Fifth Amendment right against double jeopardy by convicting him of both aggravated involuntary manslaughter and involuntary manslaughter.”
Payne v. Com., 674 S.E.2d 835 (Va. 2009). “2-33, aggravated involuntary manslaughter in violation of Code § 18.2-36.1, and two counts of felony "hit and run" in violation of Code § 46.”
Carroll Edward Gregg, Jr. v. Commonwealth of Virginia, 796 S.E.2d 447 (Va. Ct. App. 2017).
Jonathan Marquis Holley v. Commonwealth of Virginia, 765 S.E.2d 873 (Va. Ct. App. 2014).
Eddie Wayne Stover v. Commonwealth of Virginia, 522 S.E.2d 397 (Va. Ct. App. 1999).
— Va. Code Ann. § 18.2-36.1(F) — 1 case
Commonwealth v. Townsend, 51 Va. Cir. 261 (Staunton Cir. Ct. 2000).
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