Involuntary manslaughter is the charge Missouri uses when a death is caused without intent to kill, through recklessness or criminal negligence. It comes up in fatal car crashes, firearm accidents, overdose deaths, and other tragedies where no one meant for anyone to die.
This guide covers first and second degree involuntary manslaughter under RSMo 565.024 and 565.027, how they differ from murder and from DWI-related death charges, and how these cases are defended.
The degrees
What is involuntary manslaughter in Missouri?
Causing a death recklessly, or with criminal negligence.
First degree: recklessly
Recklessly causing the death of another person. A class C felony, 3 to 10 years, or a class B felony if the victim was targeted as a law enforcement officer or an officer’s relative. RSMo 565.024.
Second degree: criminal negligence
Acting with criminal negligence to cause the death of any person. A class E felony, up to 4 years, or a class D felony in the law enforcement targeting situation. RSMo 565.027.
The difference is the mental state. Recklessness means consciously disregarding a substantial and unjustifiable risk. Criminal negligence means failing to be aware of such a risk when that failure is a gross deviation from what a reasonable person would do. Whether a person actually knew of the risk can move a case from first degree to second degree.
Compared
How is involuntary manslaughter different from murder?
Intent and knowledge.
- Second degree murder involves knowingly causing a death, causing death with the purpose of causing serious physical injury, or a death during the commission of a felony. It is a class A felony.
- Voluntary manslaughter involves a death caused under the influence of sudden passion arising from adequate cause.
- Involuntary manslaughter involves no intent to kill or injure, only recklessness or criminal negligence.
Prosecutors sometimes charge a higher offense and leave involuntary manslaughter as a lesser included offense for the jury. The jury instructions on lesser offenses can matter enormously at trial.
See our homicide defense page.
Common cases
When is involuntary manslaughter charged?
Most often after crashes, firearm accidents, and overdoses.
Vehicle crashes
Extreme speeding, street racing, or other reckless driving that causes a death. When the driver was intoxicated, the charge is typically brought under the DWI statute instead.
Firearm accidents
Careless handling of a gun, such as playing with a loaded weapon or leaving it accessible, that results in a death.
Overdose deaths
Supplying drugs that lead to a death can be charged in state court in some cases, or federally as distribution resulting in death.
Caregiving and supervision
Deaths connected to the care of children, the elderly, or dependent adults can lead to manslaughter or related charges.
See DWI with injury or death and federal distribution resulting in death.
Defenses
How do you defend an involuntary manslaughter charge?
Mental state, causation, and what actually happened.
- Mental state. An accident is not a crime. The State must prove recklessness or a gross deviation from reasonable care, not ordinary carelessness.
- Causation. The person’s conduct must have caused the death. Other causes, intervening events, and medical issues can break the chain.
- Reconstruction and forensics. Crash reconstruction, firearm examination, and medical evidence often decide these cases.
- Self-defense or justification. In some cases, the use of force was legally justified.
- The degree. Whether the facts show recklessness or only criminal negligence is the difference between a class C and a class E felony.
These cases often involve grieving families and intense pressure. An early, independent investigation protects evidence that can disappear quickly.
FAQ
Involuntary manslaughter questions
What is the sentence for involuntary manslaughter in Missouri?
First degree is a class C felony, 3 to 10 years. Second degree is a class E felony, up to 4 years. Higher classes apply if the victim was targeted as a law enforcement officer.
Is a fatal car accident a crime in Missouri?
Not by itself. A crash becomes a crime when the driver acted recklessly or with criminal negligence, or was intoxicated. Ordinary mistakes generally lead to civil claims, not criminal charges.
What is the difference between first and second degree involuntary manslaughter?
First degree requires recklessness, meaning the person consciously disregarded a substantial risk. Second degree requires criminal negligence, meaning the person should have been aware of the risk.
Is there a statute of limitations for involuntary manslaughter?
Because involuntary manslaughter is not a class A felony, the general three-year felony limitation period applies, unlike murder, which can be charged at any time.
Can I get probation for involuntary manslaughter?
It is legally possible in some cases, particularly for second degree, but it depends heavily on the facts, the person’s record, and the court.
See our homicide defense and criminal defense pages, or call 573-638-8529.
Talk to us
An accident is not automatically a crime.
If you are under investigation or charged after a death in Missouri, call before you give a statement.
Attorney advertising. The choice of a lawyer is an important decision and should not be based solely upon advertisements. This article is general information about Missouri law as of October 2026, not legal advice, and it does not create an attorney-client relationship. The outcome of any case depends on its facts.
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