Virginia Code
Va. Code Ann. § 18.2-36 (2026)
How involuntary manslaughter punished
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Involuntary manslaughter is punishable as a Class 5 felony.
Code 1950, § 18.1-25; 1960, c. 358; 1975, cc. 14, 15; 1982, c. 301.
Notes of Decisions
Cited in 42
cases (3 in the last 5 years), 1987–2025 · leading case: West v. Commonwealth, 597 S.E.2d 274 (Va. Ct. App. 2004).
West v. Commonwealth, 597 S.E.2d 274 (Va. Ct. App. 2004). “1, one count of involuntary manslaughter, in violation of Code § 18.2-36, and one count of driving under the influence, in violation of Code § 18.”
Scott v. Commonwealth, 707 S.E.2d 17 (Va. Ct. App. 2011). “Involuntary manslaughter is a Class 5 felony, Code § 18.2-36, punishable by imprisonment for one to ten years, Code § 18.”
Noakes v. Commonwealth, 681 S.E.2d 48 (Va. Ct. App. 2009). “See Code § 18.2-36. In a recent opinion, our Supreme Court explained the elements of involuntary manslaughter accordingly: *52 [T]he crime of common law involuntary manslaughter has two elements: 1) the accidental killing of a person, contrary to the intention of the parties;…”
Commonwealth v. Gregg, 811 S.E.2d 254 (Va. 2018). “2-154 provides in relevant part: Any person who maliciously shoots at, or maliciously throws any missile at or against, any train or cars on any railroad or other transportation company or any vessel or other watercraft, or any motor vehicle or other vehicles when occupied by…”
Ihar Sotnikau v. Loretta Lynch, 846 F.3d 731 (4th Cir. 2017). “2-10(e) (specifying permissible punishment for Class 5 felony); see also Va. Code § 18.2-36 (“Involuntary manslaughter is punishable as 'a Class 5 felony.”
West v. Dir. of the Dep't of Corr., 639 S.E.2d 190 (Va. 2007). “1, common law involuntary manslaughter of Jenkins, punishable under Code § 18.2-36, and operating a motor vehicle while under the influence of alcohol (DUI), in violation of Code § 18.”
Banks v. Commonwealth, 586 S.E.2d 876 (Va. Ct. App. 2003). “Damon Lynn Banks was convicted in a jury trial of involuntary manslaughter, in violation of Code § 18.2-36. On appeal, he contends the trial court erred in finding the evidence sufficient to sustain his conviction.”
Keishawn Lomant Whitfield v. Commonwealth of Virginia, 702 S.E.2d 590 (Va. Ct. App. 2010). “After Whitfield offered no evidence in his defense, the trial court heard closing arguments and found him guilty of involuntary manslaughter *403 in violation of Code § 18.2-36 and felony child neglect in violation of Code § 18.”
Kin Yiu Cheung v. Commonwealth of Virginia, 753 S.E.2d 854 (Va. Ct. App. 2014). “Kin Yui Cheung (“Cheung”) was convicted by the Circuit Court of Caroline County (“circuit court”) of four counts of involuntary manslaughter in violation of Code § 18.2-36. The four victims in these cases were killed when a passenger bus driven by Cheung overturned on Interstate…”
Aaron Alphonso Garcia v. Alberto R. Gonzales, Attorney Gen., 455 F.3d 465 (4th Cir. 2006). “Bejarano-Ur-rutia made a plea agreement and pleaded guilty to simple involuntary manslaughter under Va.Code Ann. § 18.2-36 and to the driving under the influence charge.”
Noakes v. Com., 699 S.E.2d 284 (Va. 2010). “" Noakes was subsequently convicted in a bench trial in the Circuit Court of the County of Chesterfield of involuntary manslaughter, in violation of Code § 18.2-36. The trial court found Noakes' conduct to be "arrogantly reckless, merciless and inhumane," and concluded that she…”
Dalo v. Commonwealth, 554 S.E.2d 705 (Va. Ct. App. 2001). “1(B), if the Commonwealth can prove criminal negligence as well as a violation of Code § 18.2-266(ii), (iii), or (iv), then a defendant can be convicted of aggravated involuntary manslaughter.”
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