W. Va. Code » §61-2-5. Involuntary manslaughter; penalty.
West Virginia Code

W. Va. Code § 61-2-5 (2026)

Involuntary manslaughter; penalty

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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ARTICLE 2. CRIMES AGAINST THE PERSON.

§61-2-5. Involuntary manslaughter; penalty.

Involuntary manslaughter is a misdemeanor and, any person convicted thereof shall be confined in jail not to exceed one year, or fined not to exceed $1,000, or both, in the discretion of the court.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1979–2023 · leading case: State v. Hinkle, 489 S.E.2d 257 (W. Va. 1996).
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State v. Hinkle, 489 S.E.2d 257 (W. Va. 1996). “On September 13, 1993, a Pleasants County grand jury returned an indictment charging the defendant with the misdemeanor offense of involuntary manslaughter while driving a motor vehicle in an unlawful manner in violation of W. Va.Code, 61-2-5 (1923). The defendant stood trial,…”
State v. Persinger, 286 S.E.2d 261 (W. Va. 1982). “We are also of the view that when there is a dispute over whether the defendant has requested counsel prior to the giving of a confession the trial court is entitled to consider as a factor whether the defendant asked for counsel on being initially taken before a magistrate…”
State v. Vollmer, 259 S.E.2d 837 (W. Va. 1979). · cites it 2× “Code, 17C-5-l(b), and W. Va. Code, 61-2-5. 9 Concluding from the foregoing law that our involuntary manslaughter crime carries the same elements and the same penalty as our negligent homicide statute in regard to a homicide arising from the operation of a motor vehicle, we hold…”
State of West Virginia v. L.M.C., No. 18-0851 (W. Va. July 30, 2020). “ure to provide necessities (in violation of West Virginia Code § 61-8D-2(a)); (2) death of a child by parent, guardian, custodian, or other person by child abuse (in violation of West Virginia Code § 61-8D-2(a); (3) child abuse resulting in injury (in violation of West Virginia…”
Primerica Life Ins. Co. v. Arnold, No. 2:21-cv-02306 (D. Kan. Mar. 24, 2023). “W. Va. Code § 61-2-5 ; see also Estate of Postlewait ex rel.”
W. Va. Code § 61-2-5(a): 1 case
State of West Virginia v. L.M.C., No. 18-0851 (W. Va. July 30, 2020). “ure to provide necessities (in violation of West Virginia Code § 61-8D-2(a)); (2) death of a child by parent, guardian, custodian, or other person by child abuse (in violation of West Virginia Code § 61-8D-2(a); (3) child abuse resulting in injury (in violation of West Virginia…”
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