California Manslaughter Laws: Voluntary, Involuntary and Vehicular

California defines manslaughter in Penal Code 192 as "the unlawful killing of a human being without malice," and divides it into three kinds: voluntary, involuntary and vehicular. Voluntary manslaughter is punishable by 3, 6 or 11 years in state prison and involuntary manslaughter by two, three or four years under Penal Code 193, while a death caused by an impaired driver is charged under the separate offenses in Penal Code 191.5, gross vehicular manslaughter while intoxicated and vehicular manslaughter while intoxicated.

The intoxicated forms carry up to 10 years for the gross-negligence offense, or 15 years to life when the person has a qualifying prior conviction. For how other states grade these offenses, see our guide to manslaughter laws by state.

Information last verified on October 17, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers California criminal statutes on homicide below murder: voluntary, involuntary and vehicular manslaughter in Penal Code 192 and 193, the intoxicated-driving offenses in Penal Code 191.5, vessel manslaughter in Penal Code 192.5 and 193.5, and related Vehicle Code consequences. It does not cover murder (see murder sentencing guidelines and how long a life sentence is in California), self-defense (see California self-defense laws), civil lawsuits over a death (see California wrongful death), or federal offenses (see the manslaughter laws hub).

What is manslaughter in California?

Penal Code 192 opens with a single definition: "Manslaughter is the unlawful killing of a human being without malice." The missing element is malice. Murder, by contrast, is "the unlawful killing of a human being, or a fetus, with malice aforethought" under Penal Code 187(a).

Section 192 then lists the three kinds of manslaughter:

• Voluntary manslaughter (192(a)): a killing "upon a sudden quarrel or heat of passion."
• Involuntary manslaughter (192(b)): a killing "in the commission of an unlawful act, not amounting to a felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection." The subdivision "shall not apply to acts committed in the driving of a vehicle."
• Vehicular manslaughter (192(c)): three driving forms, graded by whether the driver acted with gross negligence or caused a crash for financial gain.

Two related sections add more forms. Penal Code 191.5 creates gross vehicular manslaughter while intoxicated and vehicular manslaughter while intoxicated, and Penal Code 192.5 creates the vessel (boating) forms, with and without impaired operation. California's manslaughter sections use these names rather than numbered degrees such as first- or second-degree manslaughter.

California manslaughter offenses at a glance

The punishments for the three kinds of manslaughter in section 192 are set in Penal Code 193; the intoxicated-driving terms are in section 191.5 itself, and the vessel terms are in section 193.5. For more on how California sorts felonies, misdemeanors and offenses that can be punished either way, see California felony and misdemeanor classes.

Is manslaughter a felony in California?

Voluntary manslaughter is. Penal Code 193(a) makes it "punishable by imprisonment in the state prison for 3, 6, or 11 years," and California lists it alongside murder in two sentencing definitions: a "serious felony" under Penal Code 1192.7(c)(1) ("Murder or voluntary manslaughter") and a "violent felony" under Penal Code 667.5(c)(1).

The other forms depend on the subdivision:

• Involuntary manslaughter is punishable "pursuant to subdivision (h) of Section 1170 for two, three, or four years" (193(b)).
• Vehicular manslaughter with gross negligence (192(c)(1)) is punishable "either by imprisonment in the county jail for not more than one year or by imprisonment in the state prison for two, four, or six years" (193(c)(1)).
• Vehicular manslaughter without gross negligence (192(c)(2)) is punishable only "by imprisonment in the county jail for not more than one year" (193(c)(2)).
• Vehicular manslaughter for financial gain (192(c)(3)) is punishable by 4, 6 or 10 years in state prison (193(c)(3)).

Penal Code 17(a) defines a felony as a crime punishable by state prison or by county jail under section 1170(h), so involuntary manslaughter is a felony. A form punishable either by a prison or 1170(h) term or by up to one year in county jail, such as 192(c)(1), 191.5(b) and vessel manslaughter under 192.5(b) or (c), can be a felony or a misdemeanor: section 17(b) makes it a misdemeanor in the circumstances it lists, such as a judgment imposing a punishment other than state prison or a 1170(h) term. Vehicular manslaughter without gross negligence (192(c)(2)) and vessel manslaughter under 192.5(d), punishable only by up to one year in county jail, are misdemeanors.

Voluntary manslaughter: sudden quarrel or heat of passion

Section 192(a) defines voluntary manslaughter in six words: a killing without malice "upon a sudden quarrel or heat of passion." The statute does not list what counts as enough provocation. The California Supreme Court addressed the standard in People v. Beltran, 56 Cal.4th 935 (2013):

"Here we clarify what kind of provocation will suffice to constitute heat of passion and reduce a murder to manslaughter. The Attorney General argues the provocation must be of a kind that would cause an ordinary person of average disposition to kill. We disagree. ... The proper standard focuses upon whether the person of average disposition would be induced to react from passion and not from judgment."

So under Beltran, the question is whether a person of average disposition would react from passion rather than judgment, not whether that person would be provoked to kill.

Limits on gender and sexual orientation provocation claims

Penal Code 192(f)(1) bars one category of provocation from counting as objectively reasonable:

"For purposes of determining sudden quarrel or heat of passion pursuant to subdivision (a), the provocation was not objectively reasonable if it resulted from the discovery of, knowledge about, or potential disclosure of the victim's actual or perceived gender, gender identity, gender expression, or sexual orientation, including under circumstances in which the victim made an unwanted nonforcible romantic or sexual advance towards the defendant, or if the defendant and victim dated or had a romantic or sexual relationship. Nothing in this section shall preclude the jury from considering all relevant facts to determine whether the defendant was in fact provoked for purposes of establishing subjective provocation."

The Legislature added this limit in 2014 through AB 2501 (Stats. 2014, ch. 684), approved September 27, 2014. The last sentence keeps a narrower question open for the jury: whether the defendant was in fact provoked, which the statute calls subjective provocation.

Self-defense and other justifications are separate rules; see California self-defense laws.

Involuntary manslaughter

Involuntary manslaughter under section 192(b) has two branches:

• a killing "in the commission of an unlawful act, not amounting to a felony"; or
• a killing "in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection."

The subdivision closes with an exclusion: it "shall not apply to acts committed in the driving of a vehicle." Deaths caused by driving are handled by the vehicular forms in 192(c) and the intoxicated forms in 191.5 instead.

The punishment is two, three or four years under Penal Code 1170(h) (193(b)).

Vehicular manslaughter and DUI deaths in California

California has five driving offenses that can apply when a death results: three in Penal Code 192(c) and two in Penal Code 191.5. The difference between them turns on two questions. Was the driver impaired in violation of the Vehicle Code, and did the driver act with gross negligence?

Vehicular manslaughter under 192(c)

Section 192(c) covers driving deaths without the impaired-driving element:

• (c)(1), with gross negligence: "driving a vehicle in the commission of an unlawful act, not amounting to a felony, and with gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence." It applies "except as provided in subdivision (a) of Section 191.5." The penalty is up to one year in county jail or 2, 4 or 6 years in state prison.
• (c)(2), without gross negligence: the same two kinds of driving act, "but without gross negligence." The penalty is up to one year in county jail.
• (c)(3), staged crash: driving "in connection with a violation of paragraph (3) of subdivision (a) of Section 550, where the vehicular collision or vehicular accident was knowingly caused for financial gain and proximately resulted in the death of any person." The penalty is 4, 6 or 10 years in state prison.

Section 192(d) limits the reach of the driving forms. It does not make "any homicide in the driving of a vehicle punishable that is not a proximate result of the commission of an unlawful act, not amounting to a felony, or of the commission of a lawful act which might produce death, in an unlawful manner."

What gross negligence may include

Section 192 does not give gross negligence a full definition. Subdivision (e)(2) instead lists conduct it "may include, based on the totality of the circumstances":

• participating in a sideshow;
• engaging in a motor vehicle speed contest; and
• speeding over 100 miles per hour.

The speed-contest example dates from SB 883 (Stats. 2023, ch. 311), which removed "exhibition of speed" from the list and added the speed contest, effective January 1, 2024.

Gross vehicular manslaughter while intoxicated (191.5(a))

Penal Code 191.5(a) defines the most serious DUI-death offense:

"Gross vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence."

Both elements must be present: impaired driving in violation of one of the listed Vehicle Code sections, and gross negligence. The penalty is 4, 6 or 10 years in state prison (191.5(c)(1)).

Section 191.5(d) raises the term to 15 years to life for a person convicted under subdivision (a) who has one or more prior convictions of:

• section 191.5 itself;
• Penal Code 192(c)(1) or 192.5(a) or (b);
• Vehicle Code 23152, when punishable under Vehicle Code 23540, 23542, 23546, 23548, 23550 or 23552; or
• Vehicle Code 23153.

Vehicular manslaughter while intoxicated (191.5(b))

Section 191.5(b) covers the same impaired driving "but without gross negligence." It is punishable "by imprisonment in a county jail for not more than one year or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months or two or four years" (191.5(c)(2)).

Probation length, murder charges and multiple victims

• Probation period. If a person convicted under section 191.5 is granted probation, "the period of probation shall be not less than three nor more than five years" (191.5(e)). AB 1087 (Stats. 2025, ch. 180) increased the probation period to this range, effective January 1, 2026.
• Murder is not precluded. Section 191.5(f) states that the section does not prohibit or preclude "a charge of murder under Section 188 upon facts exhibiting wantonness and a conscious disregard for life to support a finding of implied malice, or upon facts showing malice consistent with the holding of the California Supreme Court in People v. Watson, 30 Cal.3d 290." Section 192(e)(1) contains a parallel clause for gross negligence under section 192.
• More than one victim. Under Vehicle Code 23558, a person who "proximately causes bodily injury or death to more than one victim in any one instance of driving" in violation of Vehicle Code 23153, Penal Code 191.5 or Penal Code 192.5(a) receives, "upon a felony conviction," a one-year state prison enhancement for each additional injured victim. The statute caps the enhancements at three. The enhancement applies only if each additional victim's injury is charged and admitted or found true, and the court may strike it for circumstances in mitigation, stating its reasons on the record.
• Fleeing the scene. Vehicle Code 20001(c) adds a consecutive five-year state prison term for a person who flees the scene after a violation of Penal Code 191.5 or 192(c)(1), when the allegation is charged and admitted or found true; the court may not strike it.
• Habitual traffic offender. Under Penal Code 193.7, a person convicted under 191.5(b) for a violation that occurred within seven years of two or more separate violations of Vehicle Code 23103 (as specified in 23103.5), 23152 or 23153 that resulted in convictions is designated an habitual traffic offender for three years after the conviction.

Driver's license revocation

Vehicle Code 13351(a)(1) requires the DMV to "immediately" revoke the driving privilege of a person convicted of "manslaughter resulting from the operation of a motor vehicle, except when convicted under paragraph (2) of subdivision (c) of Section 192 of the Penal Code." Under 13351(b), the DMV may not reinstate the privilege until three years after the revocation and until the person gives proof of financial responsibility.

Leaving the scene of a fatal crash

Under Vehicle Code 20001(b)(2), a person who violates Vehicle Code 20001(a) after an accident that "results in death or permanent, serious injury" faces two, three or four years in state prison or 90 days to one year in county jail, a fine of $1,000 to $10,000, or both; the court may reduce or eliminate the minimum imprisonment in the interests of justice, for reasons stated in the record. Separately, Vehicle Code 20001(c) adds a five-year state prison term, consecutive to the manslaughter sentence, for a person who flees the scene after a violation of Penal Code 191.5 or 192(c)(1); the allegation must be charged and admitted or found true, and the court may not strike it. See California hit-and-run laws for the duties at the scene, and California DUI laws for DUI penalties when no one dies.

Vessel (boating) manslaughter

Penal Code 192.5 applies the vehicular manslaughter framework to boats. Subdivision (a) covers operating a vessel in violation of Harbors and Navigation Code 655(b), (c), (d), (e) or (f), "and in the commission of an unlawful act, not amounting to felony, and with gross negligence." That form is punishable by 4, 6 or 10 years in state prison (193.5(a)).

Section 193.5 sets the penalties for the other vessel forms in 192.5(b) through (d). The highest, for 192.5(c), is up to one year in county jail or 2, 4 or 6 years in state prison; the lowest, for 192.5(d), is up to one year in county jail. Under 192.5(e), a person who "flees the scene of the crime" after violating 192.5(a), (b) or (c) receives an additional, consecutive five-year state prison term.

Drug-related deaths

Section 192 contains no drug-delivery form of manslaughter. Health and Safety Code 11369 (Alexandra's Law, added by Proposition 36, effective December 18, 2024) requires the court to give a person convicted of, or pleading guilty or no contest to, specified drug-sales and manufacturing offenses involving a hard drug a written advisement stating: "If you illicitly manufacture, distribute, sell, furnish, administer, or give away any real or counterfeit drugs or pills, and that conduct results in the death of a human being, you could be charged with homicide, up to and including the crime of murder, within the meaning of Section 187 of the Penal Code." For murder penalties, see murder sentencing guidelines.

Other felonies involving a death

Two felonies outside the manslaughter sections involve a death. Under Penal Code 401(a), a person who "deliberately aids, advises, or encourages another to commit suicide is guilty of a felony"; under 401(b), a person whose actions comply with the End of Life Option Act may not be prosecuted under the section. Under Penal Code 399(a), the owner or custodian of a mischievous animal who, knowing its propensities, willfully lets it go at large or keeps it without ordinary care is guilty of a felony if the animal kills a person who took all the precautions the circumstances permitted, or that a reasonable person would ordinarily take.

Recent changes to California manslaughter law

• AB 1087 (Stats. 2025, ch. 180), effective January 1, 2026: set the probation period for a section 191.5 conviction at not less than three nor more than five years.
• Proposition 36, effective December 18, 2024: added Health and Safety Code 11369 (Alexandra's Law), the court advisement on drug-related deaths described above.
• SB 883 (Stats. 2023, ch. 311), effective January 1, 2024: removed "exhibition of speed" from the gross negligence examples in 192(e) and added engaging in a motor vehicle speed contest.
• AB 2501 (Stats. 2014, ch. 684), approved September 27, 2014: added the limit on provocation based on a victim's gender, gender identity, gender expression or sexual orientation, now 192(f)(1).

The penalty section for manslaughter, Penal Code 193, was last amended in 2011 (AB 109), and the vessel section 192.5 in 2007.

Federal law

Federal law, 18 U.S.C. 1112, covers manslaughter within the special maritime and territorial jurisdiction of the United States; see the manslaughter laws hub for how the federal offense works.

Related pages

• Manslaughter laws by state
• California felony and misdemeanor classes
• California DUI laws
• California hit-and-run laws
• California self-defense laws
• Degrees of manslaughter explained
• Nevada manslaughter laws

Disclaimer: This article provides general legal information about California law as of October 17, 2026. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in California.

Last updated: October 17, 2026.

Frequently Asked Questions

What is the sentence for voluntary manslaughter in California?

Penal Code 193(a) makes voluntary manslaughter punishable by 3, 6 or 11 years in state prison. It is listed as a serious felony (Pen. Code 1192.7(c)(1)) and a violent felony (Pen. Code 667.5(c)(1)).

Is involuntary manslaughter a felony in California?

Yes. Involuntary manslaughter is punishable by imprisonment under Penal Code 1170(h) for two, three or four years (Pen. Code 193(b)), and Penal Code 17(a) defines a crime punishable by a 1170(h) term as a felony. Section 192(b) does not apply to acts committed in the driving of a vehicle; driving deaths fall under 192(c) or 191.5.

What is the difference between voluntary and involuntary manslaughter in California?

Voluntary manslaughter is a killing without malice upon a sudden quarrel or heat of passion (192(a)). Involuntary manslaughter is a killing without malice during a non-felony unlawful act, or a lawful act that might produce death done in an unlawful manner or without due caution and circumspection (192(b)).

What is vehicular manslaughter in California?

Penal Code 192(c) has three forms: driving with gross negligence (up to one year in county jail or 2, 4 or 6 years in state prison), driving without gross negligence (up to one year in county jail), and a crash knowingly caused for financial gain (4, 6 or 10 years). The penalties are in Penal Code 193(c).

What is the penalty for gross vehicular manslaughter while intoxicated in California?

Under Penal Code 191.5(c)(1), it is punishable by 4, 6 or 10 years in state prison. A person with one or more prior convictions of the kinds listed in 191.5(d), including a prior 191.5 conviction or a Vehicle Code 23153 conviction, faces 15 years to life.

What is the difference between 191.5(a) and 191.5(b)?

Both require driving in violation of Vehicle Code 23140, 23152 or 23153 that proximately causes a death. Subdivision (a) also requires gross negligence and carries 4, 6 or 10 years; subdivision (b) applies without gross negligence and carries up to one year in county jail or 16 months, 2 or 4 years under Penal Code 1170(h).

Can a DUI death be charged as murder in California?

Penal Code 191.5(f) states that the section does not preclude a charge of murder under Penal Code 188 on facts exhibiting wantonness and a conscious disregard for life to support a finding of implied malice, or on facts showing malice consistent with People v. Watson, 30 Cal.3d 290.

What counts as heat of passion in California?

Section 192(a) does not list qualifying provocation. In People v. Beltran (2013), the California Supreme Court held that the standard focuses on whether a person of average disposition would be induced to react from passion and not from judgment, rather than whether that person would be provoked to kill.

Is leaving the scene of a fatal crash a felony in California?

Under Vehicle Code 20001(b)(2), violating 20001(a) after an accident that results in death or permanent, serious injury is punishable by two, three or four years in state prison or 90 days to one year in county jail, a fine of $1,000 to $10,000, or both. Separately, a person who flees the scene after a violation of Penal Code 191.5 or 192(c)(1) faces an additional, consecutive five-year state prison term under Vehicle Code 20001(c) when the allegation is charged and admitted or found true.