Also known as: misdemeanor manslaughter · misdemeanour-manslaughter · misdemeanour manslaughter · misdemeanor manslaughter rule
Written by attorneys · grounded in primary & secondary sources — see below
A common-law doctrine under which an unintentional killing that occurs during the commission of a misdemeanor or other nonfelony unlawful act constitutes involuntary manslaughter. The doctrine requires that the misdemeanor be malum in se or, if malum prohibitum, that the death be a foreseeable consequence of the unlawful conduct.
Leo pulled a chair from under Maya at an office party in violation of a misdemeanor prank statute. Maya fell backward, struck her head on the concrete floor, and died from the injury. The death was a direct and foreseeable result of the unlawful act. Leo faces involuntary manslaughter liability under the misdemeanor-manslaughter doctrine.
Carla ordered an emergency exit chained shut in knowing violation of a fire safety code treated as a misdemeanor. A later equipment fire filled the area with smoke. Worker Luis could not escape and died of smoke inhalation. The death was a proximate result of the ongoing unlawful act, supporting involuntary manslaughter.
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Luis flicked Maya's ear and hooked her ankle in violation of a simple assault statute. Maya stumbled into an irrigation ditch, struck her head, and drowned. The death was a foreseeable consequence of the misdemeanor battery. Luis is liable for involuntary manslaughter under the misdemeanor-manslaughter rule.
Carla slammed on the brakes and jerked the bus forward in violation of a minor traffic-safety ordinance. Standing passenger Derek fell, struck his head on a pole, and died. The death was a foreseeable result of the non-malum-in-se misdemeanor. Carla faces involuntary manslaughter liability under the majority foreseeability approach.
The misdemeanor-manslaughter rule applies only to nonfelony unlawful acts and yields involuntary manslaughter rather than murder. Felony murder requires a qualifying felony and supplies malice for murder liability. Excerpts confirm that deaths during misdemeanors fall under the unlawful-act theory of involuntary manslaughter.
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Most courts require the misdemeanor to be malum in se or, if malum prohibitum, that the death be a foreseeable or natural consequence of the conduct. A minority of courts limit the doctrine to malum in se offenses only.
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When the misdemeanor is malum prohibitum, most jurisdictions require that the death be a foreseeable or natural consequence of the unlawful act. Foreseeability is assessed from the perspective of a reasonable person at the time of the violation.
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Yes, when the violation is treated as a misdemeanor and the death is a proximate and foreseeable result of the unlawful conduct. Courts have applied the rule to fire-code violations and traffic ordinances that proximately cause death.
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…attendance: other remedial care,' namely enemas, compresses, and prayer." The case involved the appeal of a mother convicted of misdemeanor-manslaughter after unsuccessfully treating her child's illness with prayer. Although reversing on unrelated grounds, the Arnold court summarily rejected in dictum the defendant's interpretation of…