Georgia Manslaughter Laws: Voluntary, Involuntary and Vehicle Deaths

Georgia divides manslaughter into voluntary manslaughter, a killing that would otherwise be murder committed solely from a sudden, violent and irresistible passion caused by serious provocation (O.C.G.A. 16-5-2), and involuntary manslaughter, a death caused without intent to kill by an unlawful act other than a felony or by a lawful act done in an unlawful manner (16-5-3). Voluntary manslaughter carries 1 to 20 years and the unlawful-act form of involuntary manslaughter 1 to 10 years, but the lawful-act form is punished as a misdemeanor, and a death caused without malice aforethought through a traffic violation is charged as homicide by vehicle under 40-6-393 rather than as manslaughter (a killing with malice is murder under 16-5-1).

Since 2024 Georgia has also had aggravated involuntary manslaughter for certain fentanyl overdose deaths (16-5-3.1). For other states, see our guide to manslaughter laws by state.

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers the Georgia criminal statutes on homicide below murder: voluntary and involuntary manslaughter and aggravated involuntary manslaughter in Title 16 of the Official Code of Georgia Annotated, homicide by vehicle and feticide by vehicle in Title 40, homicide by vessel and feticide by vessel in Title 52, and homicide by aircraft in Title 6. It does not cover murder or felony murder (see how long a life sentence is in Georgia and our overview of murder sentencing), self-defense and justification (see Georgia self-defense laws), civil lawsuits over a death (see Georgia wrongful death law), or federal manslaughter, which our manslaughter laws hub covers.

What is manslaughter in Georgia?

Georgia's core manslaughter offenses sit in Chapter 5 of Title 16. Voluntary manslaughter (16-5-2) is a provoked killing that would otherwise be murder. Involuntary manslaughter (16-5-3) is an unintended killing, and it comes in two forms with very different penalties.

A third offense, aggravated involuntary manslaughter (16-5-3.1), was added in 2024 and is limited to fentanyl overdose deaths after a sale or manufacture of a substance represented as a controlled substance.

Georgia does not use the labels "vehicular manslaughter" or "DUI manslaughter." A death a driver causes without malice aforethought through a traffic violation is charged under Title 40 as homicide by vehicle, in the first or second degree depending on the traffic offense behind it (40-6-393). Boating deaths have a parallel offense, homicide by vessel (52-7-12.2), and Title 6 has homicide by aircraft (6-2-5.2).

For how these terms relate to murder in general, see our explainer on the difference between murder, homicide and manslaughter.

Georgia manslaughter offenses and penalties

Georgia does not sort felonies into lettered classes; each offense sets its own range. A felony is a crime punishable by death, by imprisonment for life, or by imprisonment for more than 12 months (O.C.G.A. 16-1-3(5)). A misdemeanor, unless another law provides otherwise, is punishable by a fine of up to $1,000, confinement of up to 12 months, or both, and that punishment may be suspended or probated (17-10-3(a)(1), (b)). For more on how Georgia sentences felonies and misdemeanors, see our state guide.

Voluntary manslaughter and serious provocation

Section 16-5-2(a) sets out both the offense and the point at which provocation stops mattering:

"A person commits the offense of voluntary manslaughter when he causes the death of another human being under circumstances which would otherwise be murder and if he acts solely as the result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person; however, if there should have been an interval between the provocation and the killing sufficient for the voice of reason and humanity to be heard, of which the jury in all cases shall be the judge, the killing shall be attributed to deliberate revenge and be punished as murder."

The statute has several parts. The killing must be one that would otherwise be murder. The person must act solely from the passion. The provocation must be serious enough to excite that passion in a reasonable person. And if enough time passed for reason to return, a question the statute leaves to the jury, the killing is treated as deliberate revenge and punished as murder.

Section 16-5-2(b) sets the penalty: imprisonment for not less than one nor more than 20 years.

The Supreme Court of Georgia applied the provocation element in Lawrence v. State, 286 Ga. 533 (2010). It held that the evidence did not support a voluntary manslaughter charge because the victim "did not say or do anything before Lawrence shot him, let alone do anything that would constitute the 'serious provocation' necessary to warrant a charge on voluntary manslaughter," and, quoting an earlier decision, said there must be some evidence that the defendant acted solely from such a passion before a voluntary manslaughter instruction is warranted.

The text of 16-5-2 contains no language about a victim's sexual orientation or gender identity; it neither lists nor excludes particular kinds of provocation. Self-defense is a separate justification defense, covered on our page on Georgia self-defense laws.

Involuntary manslaughter: unlawful acts and lawful acts done unlawfully

Section 16-5-3 creates two offenses, and the difference between them decides whether the case is a felony or a misdemeanor.

Unlawful act (16-5-3(a)). A person commits involuntary manslaughter in the commission of an unlawful act "when he causes the death of another human being without any intention to do so by the commission of an unlawful act other than a felony." The penalty is imprisonment for not less than one year nor more than ten years. The unlawful act must be something other than a felony.

Lawful act in an unlawful manner (16-5-3(b)). A person commits involuntary manslaughter in the commission of a lawful act in an unlawful manner when he "causes the death of another human being without any intention to do so, by the commission of a lawful act in an unlawful manner likely to cause death or great bodily harm." This form "shall be punished as for a misdemeanor," which means up to 12 months of confinement, a fine of up to $1,000, or both, under 17-10-3.

Both forms turn on the absence of intent: the statute says "without any intention to do so." Georgia's general provisions on criminal liability state that a crime requires "a joint operation of an act or omission to act and intention or criminal negligence," and define criminal negligence as "an act or failure to act which demonstrates a willful, wanton, or reckless disregard for the safety of others who might reasonably be expected to be injured thereby" (16-2-1(a), (b)).

Where a reckless act causes harm or danger but no death, the related offense is reckless conduct, a misdemeanor under 16-5-60(b).

Homicide by vehicle and DUI deaths in Georgia

Georgia handles vehicle deaths caused without malice in Title 40, not in the manslaughter sections. Section 40-6-393 sets out homicide by vehicle in two degrees, and none of its forms requires proof of malice.

First degree: DUI, reckless driving, school bus and fleeing

Under 40-6-393(a), a person who, "without malice aforethought, causes the death of another person through the violation of" one of the following commits homicide by vehicle in the first degree:

• the school bus rule in subsection (a) of 40-6-163;
• Code Sections 40-6-390 through 40-6-391, which include reckless driving and driving under the influence;
• subsection (a) of 40-6-395, on fleeing police.

The penalty is imprisonment for not less than three years nor more than 15 years.

The DUI statute, 40-6-391(a), covers driving or being in actual physical control of a moving vehicle while under the influence of alcohol to the extent that it is less safe to drive, with an alcohol concentration of 0.08 grams or more within three hours after driving, or, subject to subsection (b), with any amount of marijuana or a controlled substance in the blood or urine, among other forms. Reckless driving under 40-6-390(a) is driving "in reckless disregard for the safety of persons or property."

So a death caused through a DUI violation is first-degree homicide by vehicle, even though Georgia has no offense with "DUI manslaughter" in its name. For DUI penalties when no one is killed, see Georgia DUI laws.

Leaving the scene of a fatal crash

A driver who, without malice aforethought, causes an accident that results in a death and leaves the scene in violation of 40-6-270(b) also commits first-degree homicide by vehicle, punishable by 3 to 15 years (40-6-393(b)). Our page on Georgia hit-and-run laws covers the duty to stop under 40-6-270.

Habitual violators

Under 40-6-393(d), a person who has been declared a habitual violator under 40-5-58 and who, while the license is in revocation, causes a death without malice aforethought by operating a motor vehicle commits first-degree homicide by vehicle. The range is 5 to 20 years. The statute adds that the adjudication of guilt or the sentence "may be suspended, probated, deferred, or withheld but only after such person shall have served at least one year in the penitentiary."

Second degree: other traffic violations

Under 40-6-393(c), a person who causes a death, without an intention to do so, by violating any other provision of Title 40, when that violation is the cause of the death, commits homicide by vehicle in the second degree. It is punished under 17-10-3 as a misdemeanor: up to 12 months, a fine of up to $1,000, or both.

Boating deaths

Homicide by vessel follows the same pattern for boats. Under 52-7-12.2(a), causing a death without malice aforethought through a violation of 52-7-8.2(j), 52-7-12, 52-7-12.1, 52-7-13(b) or 52-7-25(c) is homicide by vessel in the first degree, a felony punishable by 3 to 15 years. An operator who, without malice aforethought, causes a collision or accident that kills someone and leaves the scene in violation of 52-7-14(a) also commits first-degree homicide by vessel, 3 to 15 years (52-7-12.2(b)). Causing a death through another violation that is the cause of the death is second-degree homicide by vessel, a misdemeanor punished under 17-10-3 (52-7-12.2(c)).

Aircraft deaths

Under 6-2-5.2, a person who, without malice aforethought, causes the death of another person through a violation of 6-2-5.1 commits homicide by aircraft, punishable by 2 to 15 years. Section 6-2-5.1 bars operating or being in actual physical control of an aircraft within eight hours after drinking any alcoholic beverage, while under the influence of alcohol, while using a drug that affects the person's faculties contrary to safety, or with 0.04 percent or more alcohol in the blood.

Fentanyl overdose deaths: aggravated involuntary manslaughter

Senate Bill 465 of 2024 added O.C.G.A. 16-5-3.1. Under subsection (b), a person commits aggravated involuntary manslaughter "when he or she causes the fentanyl overdose death of another human being, without the intent to cause the death of said human being, by intentionally manufacturing or selling any substance that contains fentanyl, after representing that such substance was any controlled substance."

Each element limits the offense. The death must be a fentanyl overdose death; the manufacture or sale must be intentional; and the substance must have been represented as a controlled substance. The statute also provides that the defendant's knowledge of the chemical identity of the substance is not an essential element (16-5-3.1(f)).

The offense is a felony punishable by "not less than 10 years nor more than 30 years or life imprisonment" (16-5-3.1(c)). It "shall be considered a separate offense and shall not merge with any other offense" (16-5-3.1(d)). The Prosecuting Attorneys' Council of Georgia's summary of 2024 legislation notes that "any part or all of the sentence can be probated."

The act took effect on the governor's approval and applies to offenses committed on or after that date.

Other homicide offenses below murder

• Voluntary manslaughter of an unborn child (16-5-80(d), (e)). Causing the death of an unborn child under circumstances that would otherwise be feticide, solely from a sudden, violent and irresistible passion caused by serious provocation sufficient to excite that passion in a reasonable person. It is a felony punishable by 1 to 20 years. Feticide itself, the unborn-child counterpart of murder, carries life imprisonment (16-5-80(b), (c)).
• Feticide by vehicle (40-6-393.1) and by vessel (52-7-12.3). Causing the death of an unborn child by an injury to the mother that would be first-degree homicide by vehicle if the mother had died is feticide by vehicle in the first degree, 3 to 15 years; the second-degree form is punished as a misdemeanor under 17-10-3. Feticide by vessel follows the same two tiers for boating: first degree a felony, 3 to 15 years; second degree a misdemeanor.
• Assisting a suicide (16-5-5(b)). A person with actual knowledge that someone intends to commit suicide who knowingly and willfully assists in it is guilty of a felony punishable by 1 to 10 years. It is a stand-alone offense, not a form of manslaughter.

Other offenses graded by a resulting death

• Homicide by interference with an official traffic-control device or railroad sign or signal (40-6-396(a)): causing a death without malice aforethought through a violation of 40-6-26(a), which bars altering, defacing, knocking down or removing such a device or sign without lawful authority; 2 to 15 years.

Sentencing rules that affect manslaughter cases

Determinate sentences. Except where life imprisonment, life without parole or the death penalty may be imposed, the judge fixes "a determinate sentence for a specific number of months or years" within the statutory minimum and maximum, and has authority "to suspend or probate all or any part of the entire sentence" (17-10-1(a)(1)(A)). The habitual-violator form of homicide by vehicle is narrower: it allows suspension or probation only after at least one year served (40-6-393(d)).

Serious violent felonies. Georgia's list of "serious violent felonies" in 17-10-6.1(a) names murder or felony murder, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy and aggravated sexual battery. Manslaughter is not on that list.

Repeat felony offenders. A person with three prior felony convictions (in Georgia, or crimes in another state or federal court that would be felonies here) who commits a fourth felony in Georgia must "serve the maximum time provided in the sentence of the judge" and is not eligible for parole until that maximum has been served, subject to the exceptions in 17-10-7(b) and (b.1) and 42-9-45(b) (17-10-7(c)). After one prior felony conviction with a sentence of confinement, a later felony punishable by confinement draws the longest term prescribed for it, though unless otherwise provided by law the judge may probate or suspend that maximum (17-10-7(a)). That rule applies to any felony, including the felony forms of manslaughter and homicide by vehicle.

Recent changes

• 2024: SB 465 created aggravated involuntary manslaughter (16-5-3.1) for fentanyl overdose deaths, punishable by 10 to 30 years or life, effective on the governor's approval and applying to offenses committed on or after that date.

Federal manslaughter

Federal law, 18 U.S.C. 1112, separately defines manslaughter for killings within the special maritime and territorial jurisdiction of the United States; our manslaughter laws hub covers it.

Related

• Manslaughter laws by state
• Georgia felony and misdemeanor classes
• Georgia DUI laws
• Georgia hit-and-run laws
• First, second and third degree manslaughter explained
• South Carolina manslaughter laws
• Florida manslaughter laws

This article provides general legal information about Georgia law as of 2026-10-17. It is not legal advice. For a specific situation, contact a lawyer licensed in Georgia.

Last updated: 2026-10-17.

Frequently Asked Questions

Is manslaughter a felony in Georgia?

Most forms are. Voluntary manslaughter (1 to 20 years), involuntary manslaughter by an unlawful act other than a felony (1 to 10 years) and aggravated involuntary manslaughter are felonies. Involuntary manslaughter by a lawful act done in an unlawful manner is punished as a misdemeanor (O.C.G.A. 16-5-3(b)).

How much time is voluntary manslaughter in Georgia?

O.C.G.A. 16-5-2(b) sets imprisonment of not less than 1 nor more than 20 years. The judge fixes a determinate sentence within that range and has authority to suspend or probate all or part of it (17-10-1(a)(1)(A)).

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

Voluntary manslaughter is a killing that would otherwise be murder, committed solely from a sudden, violent and irresistible passion caused by serious provocation (16-5-2). Involuntary manslaughter is a death caused without any intention to kill, through an unlawful act other than a felony or a lawful act done in an unlawful manner likely to cause death or great bodily harm (16-5-3).

What is the charge for killing someone while driving drunk in Georgia?

Causing a death without malice aforethought through a violation of Georgia's DUI statutes (40-6-390 through 40-6-391) is homicide by vehicle in the first degree, punishable by 3 to 15 years (O.C.G.A. 40-6-393(a)). Georgia does not use the name DUI manslaughter.

Is homicide by vehicle a felony in Georgia?

First-degree homicide by vehicle, causing a death without malice aforethought through DUI, reckless driving, the school bus rule in 40-6-163(a), fleeing police under 40-6-395(a), or a fatal crash followed by leaving the scene, carries 3 to 15 years, and 5 to 20 years for a habitual violator driving while revoked (40-6-393(a), (b), (d)). Second-degree homicide by vehicle, a death caused by any other Title 40 traffic violation, is punished as a misdemeanor (40-6-393(c)).

What is aggravated involuntary manslaughter in Georgia?

It is causing a fentanyl overdose death, without intent to cause the death, by intentionally manufacturing or selling a substance containing fentanyl after representing that it was any controlled substance (O.C.G.A. 16-5-3.1, added in 2024). The penalty is 10 to 30 years or life.

What counts as serious provocation for voluntary manslaughter in Georgia?

The statute requires serious provocation sufficient to excite a sudden, violent and irresistible passion in a reasonable person (16-5-2(a)). In Lawrence v. State (2010), the Supreme Court of Georgia held that a voluntary manslaughter charge was not warranted where the victim did not say or do anything before being shot.