Hawaii Manslaughter and Negligent Homicide Laws (2026)

Hawaii has one offense named manslaughter, HRS 707-702: a person commits it by recklessly causing the death of another person or intentionally causing another person to commit suicide, and it is a class A felony that carries an indeterminate prison term of up to 20 years (an extended term of up to life is possible under HRS 706-661 and 706-662). Below it, deaths caused by operating a vehicle are graded as negligent homicide in the first degree (HRS 707-702.5, a class B or class A felony), the second degree (707-703, a class C felony) and the third degree (707-704, a misdemeanor), and a death caused by reckless driving can instead be charged as manslaughter (HRS 707-702(1)(a)).

For the rules in other states, see our guide to manslaughter laws by state.

Information last verified on 2026-10-18. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers the Hawaii statutes on homicide below murder in Part II of HRS chapter 707: manslaughter (707-702), including the extreme mental or emotional disturbance defense, and negligent homicide in the first, second and third degrees (707-702.5, 707-703, 707-704), with the sentencing, traffic and licensing statutes that apply to them. It does not cover first- or second-degree murder sentencing (see how long a life sentence is in Hawaii and our overview of murder sentencing guidelines), self-defense (see Hawaii self-defense laws), civil lawsuits by surviving family (see Hawaii wrongful death law), or federal offenses, which the manslaughter laws hub covers.

What is manslaughter in Hawaii?

The offense itself is short:

"(1) A person commits the offense of manslaughter if: (a) The person recklessly causes the death of another person; or (b) The person intentionally causes another person to commit suicide; provided that this section shall not apply to actions taken under chapter 327L. ... (3) Manslaughter is a class A felony." HRS 707-702(1), (3)

The middle subsection, (2), is where a murder charge can become manslaughter; it is covered below.

Part II of chapter 707, Hawaii's criminal homicide part, contains first- and second-degree murder (707-701, 707-701.5), manslaughter (707-702) and the three degrees of negligent homicide (707-702.5 to 707-704), followed by two negligent injury offenses for crashes that injure but do not kill (707-705, 707-706). Every negligent homicide degree requires that the death be caused "by the operation of a vehicle," a term that HRS 707-700 gives the HRS 291E-1 meaning, which includes a moped and a vessel. Part II contains no negligent homicide offense for a death caused in some other way, so outside a vehicle the homicide offense below murder is manslaughter, which requires recklessness.

Hawaii manslaughter and negligent homicide offenses at a glance

Class A sentences come from HRS 706-659, class B and C sentences from HRS 706-660(1) (10 years for class B, 5 years for class C, with the minimum set by the Hawaii paroling authority under HRS 706-669), and fines from HRS 706-640(1). An extended term under HRS 706-661 and 706-662 can raise each of these maximums, as described below. For how Hawaii sentences each class, see Hawaii felony and misdemeanor classes.

Why manslaughter can receive probation and aggravated negligent homicide generally cannot

HRS 706-659 sets the default rule for class A felonies: a person "shall be sentenced to an indeterminate term of imprisonment of twenty years without the possibility of suspension of sentence or probation." The rule excepts "class A felonies defined in chapter 712, part IV, or section 707-702." For those offenses, a person "may be sentenced to an indeterminate term of imprisonment, except as provided for in section 706-660.1 relating to the use of firearms in certain felony offenses and section 706-606.5 relating to repeat offenders," and when the court orders such a sentence "the court shall impose the maximum length of imprisonment which shall be twenty years."

The class A form of negligent homicide in the first degree is not in that exception. HRS 707-702.5(4) gives the court a narrower opening: "Notwithstanding sections 706-620(2), 706-640, 706-641, 706-659, and any other law to the contrary, the sentencing court may impose a lesser sentence for a person convicted of a class A felony under this section if the court finds that strong mitigating circumstances warrant the action." Strong mitigating circumstances include the factors in HRS 706-621, and the court must provide a written opinion stating its reasons.

Extreme mental or emotional disturbance: when murder becomes manslaughter

Chapter 707 has no voluntary manslaughter or provocation section. Hawaii's version of the doctrine is the EMED defense:

"(2) In a prosecution for murder or attempted murder in the first and second degrees it is an affirmative defense, which reduces the offense to manslaughter or attempted manslaughter, that the defendant was, at the time the defendant caused the death of the other person, under the influence of extreme mental or emotional disturbance for which there is a reasonable explanation. The reasonableness of the explanation shall be determined from the viewpoint of a reasonable person in the circumstances as the defendant believed them to be;" HRS 707-702(2)

The defense applies only in a murder or attempted murder prosecution, and only where the disturbance has "a reasonable explanation." In State v. Aganon, 97 Haw. 299, 36 P.3d 1269 (2001), the Hawaii Supreme Court described EMED manslaughter as "the intentional [or knowing] killing of another 'while under the influence of a reasonably induced emotional disturbance causing a temporary loss of normal self-control,'" and said the defendant "must satisfy a subjective/objective test in proffering a 'reasonable explanation'": the record must reflect the circumstances as the defendant believed them to be, and must support a reasonable explanation or excuse for the disturbance. Aganon was decided before the 2003 and 2019 amendments to the section.

The 2019 limit on gender identity and sexual orientation claims

Act 149 of 2019 added this proviso to the same subsection:

"provided that an explanation that is not otherwise reasonable shall not be determined to be reasonable because of the defendant's discovery, defendant's knowledge, or the disclosure of the other person's actual or perceived gender, gender identity, gender expression, or sexual orientation, including under circumstances in which the other person made an unwanted nonforcible romantic or sexual advance toward the defendant, or in which the defendant and the other person dated or had a romantic relationship. If the defendant's explanation includes the discovery, knowledge, or disclosure of the other person's actual or perceived gender, gender identity, gender expression, or sexual orientation, the court shall instruct the jury to disregard biases or prejudices regarding the other person's actual or perceived gender, gender identity, gender expression, or sexual orientation in reaching a verdict." HRS 707-702(2)

Self-defense and other justifications are separate questions; our page on Hawaii self-defense laws covers them.

Reckless, negligent and simply negligent: the three mental states

Manslaughter requires recklessness. Negligent homicide in the first and second degrees requires a "negligent manner," and the third degree and the vulnerable-user form of the second degree require only "simple negligence." The penal code's general states-of-mind section defines the first two:

"(c) A person acts recklessly with respect to a result of his conduct when he consciously disregards a substantial and unjustifiable risk that his conduct will cause such a result. (d) A risk is substantial and unjustifiable within the meaning of this section if, considering the nature and purpose of the person's conduct and the circumstances known to him, the disregard of the risk involves a gross deviation from the standard of conduct that a law-abiding person would observe in the same situation." HRS 702-206(3)

"(c) A person acts negligently with respect to a result of his conduct when he should be aware of a substantial and unjustifiable risk that his conduct will cause such a result. (d) A risk is substantial and unjustifiable within the meaning of this subsection if the person's failure to perceive it, considering the nature and purpose of his conduct and the circumstances known to him, involves a gross deviation from the standard of care that a law-abiding person would observe in the same situation." HRS 702-206(4)

So Hawaii's "negligently" already requires a gross deviation. The third-degree offense sets its own lower standard. Under HRS 707-704(2), a person acts with simple negligence with respect to a result "when the person should be aware of a risk that the person's conduct will cause that result," and a risk qualifies "if the person's failure to perceive it, considering the nature and purpose of the person's conduct and the circumstances known to the person, involves a deviation from the standard of care that a law-abiding person would observe in the same situation." The word "gross" is absent.

Vehicular manslaughter and DUI deaths in Hawaii

Hawaii's code has no offense named vehicular manslaughter or DUI manslaughter. A death caused by operating a vehicle is graded as negligent homicide in the first, second or third degree, and where the driver acted recklessly the charge can be manslaughter under HRS 707-702(1)(a); in State v. Wilson, CAAP-23-0000005 (Haw. App. Mar. 28, 2024), a driver whose passenger died in a crash had been convicted of manslaughter under that subsection and sentenced to an indeterminate 20-year term.

Negligent homicide in the first degree

"(1) A person commits the offense of negligent homicide in the first degree if that person causes the death of: (a) Another person by the operation of a vehicle in a negligent manner while under the influence of drugs or alcohol; or (b) A vulnerable user by the operation of a vehicle in a negligent manner. (2) A person who violates subsection (1)(a) shall be guilty of a class B felony; provided that the person shall be guilty of a class A felony when the person: (a) Has been convicted one or more times for the offense of operating a vehicle under the influence within fifteen years of the instant offense; (b) Is, at the time of the instant offense, engaging in conduct that would constitute a violation of section 291E-62; or (c) Is a highly intoxicated driver as defined by section 291E-1. (3) A person who violates subsection (1)(b) shall be a class B felony." HRS 707-702.5

A "highly intoxicated driver" is a person whose measurable alcohol is ".15 or more grams of alcohol per one hundred milliliters or cubic centimeters of the person's blood" or ".15 or more grams of alcohol per two hundred ten liters of the person's breath" (HRS 291E-1). Section 291E-62, in the impaired-driving chapter, bars operating a vehicle "While the person's license or privilege remains suspended or revoked." The class A tier was added by Act 48 of 2022.

Vulnerable users

The vulnerable-user form protects people outside a vehicle. HRS 707-700 defines a vulnerable user as:

• "A pedestrian legally within a street or public highway";
• "A roadway worker actually engaged in work upon a street or public highway or in work upon utility facilities along a street or public highway, or engaged in the provision of emergency services within a street or public highway," including construction and maintenance workers and police, fire and other emergency responders; or
• "A person legally operating" a bicycle, a moped, an electric foot scooter, an electric personal assistive mobility device, or "A wheelchair conveyance or other personal mobility device" within the street or public highway.

Negligent homicide in the second and third degrees

"(1) A person commits the offense of negligent homicide in the second degree if that person causes the death of: (a) Another person by the operation of a vehicle in a negligent manner; or (b) A vulnerable user by the operation of a vehicle in a manner that constitutes simple negligence as defined in section 707-704(2). (2) Negligent homicide in the second degree is a class C felony." HRS 707-703

Negligent homicide in the third degree is causing "the death of another person by the operation of a vehicle in a manner which is simple negligence," a misdemeanor (HRS 707-704(1), (3)).

The misdemeanor maximum changed in 2026. Act 143 (HB 1548), signed and effective June 24, 2026, amended HRS 706-663 so that a misdemeanor carries "not to exceed ... three hundred sixty-four days," but "if the person has been convicted of a misdemeanor that is a crime of violence, the court may sentence the person to imprisonment for a definite term to be fixed by the court and not to exceed one year," with crime of violence taking its meaning from HRS 134-1. Whether the third-degree offense keeps the one-year maximum therefore turns on whether it is a crime of violence under that definition.

License revocation

"Any court of competent jurisdiction shall forthwith revoke the license of any driver upon a conviction of the driver of manslaughter or for negligent homicide in the first or second degrees resulting from the operation of a motor vehicle. The period of revocation shall be determined by the court at sentencing." HRS 286-124

The section does not name negligent homicide in the third degree.

Boats and aircraft

The impaired-driving chapter defines a vehicle to include a "Motor vehicle," a "Moped" and a "Vessel," and "operate" to include navigating a vessel underway (HRS 291E-1). Chapter 707 adopts that definition: HRS 707-700 provides that "Vehicle" has the same meaning as in section 291E-1, so the negligent homicide offenses also apply to a death caused by operating a vessel. Operating an aircraft under the influence, or in a careless or reckless manner so as to endanger the life or property of another, is a misdemeanor under HRS 263-11, punishable by a fine of not more than $1,000, imprisonment for not more than one year, or both; the section has no death tier.

For impaired-driving penalties when no one is killed, see Hawaii DUI laws.

Leaving the scene of a fatal collision

Under HRS 291C-12(a), "The driver of any vehicle involved in a collision resulting in serious bodily injury to or death of any person shall immediately stop the vehicle at the scene of the collision or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the collision until the driver has fulfilled the requirements of section 291C-14." A violation is a class B felony, and the license or permit to drive "shall be revoked" (291C-12(b), (c)). Lower tiers cover collisions causing substantial bodily injury (291C-12.5, class C felony) and bodily injury (291C-12.6, misdemeanor). See Hawaii hit-and-run laws.

Fleeing police, suspended drivers, racing and stopped vehicles

• Resisting an order to stop a motor vehicle: the first degree, which includes intentionally fleeing from or attempting to elude a law enforcement officer while operating "in reckless disregard of the safety of other persons" or in reckless disregard of the risk of exceeding the speed limit by 30 miles per hour or more or of going 80 miles per hour or more, is a class C felony (HRS 710-1026.9); the second degree is a misdemeanor (HRS 710-1027). Neither section has a death tier.
• Driving while license suspended or revoked: a fine of no more than $1,000, up to 30 days, or both for a first offense; up to one year for an offense within five years of a prior conviction; a class C felony within five years of two or more prior convictions for the same offense (HRS 286-136(a)). The section has no death tier.
• Racing on highways: a fine of not more than $500, up to six months, or both; at more than 30 miles per hour over the posted limit, a fine of not more than $2,000, up to one year, or both (HRS 291C-103(b), (c)). The section has no death tier.
• Stopped emergency and other stationary vehicles: a failure to slow or change lanes is a violation if no one is hurt, but if a death or injury occurs and is attributable to the driver, "the driver shall instead be charged under" the negligent homicide or negligent injury sections, as applicable. HRS 291C-27(c) applies that rule to stopped emergency vehicles, and Act 95 of 2026 (HB 1692), effective on approval on June 5, 2026, applied the same rule to any stationary vehicle displaying warning signals.

A death in a pursuit, while driving suspended or while racing is charged, where the elements fit, as manslaughter or negligent homicide.

Unborn victims and drug-delivery deaths

Hawaii's homicide chapter has no unborn-victim offenses. HRS 707-700 defines "Person" as "a human being who has been born and is alive," and the HRS case notes record a 2005 decision, 109 Haw. 115, 123 P.3d 1210, reading the penal code's plain language to exclude a fetus from that definition.

Part II of chapter 707 also contains no offense for a death resulting from the delivery of a drug.

Other offenses graded by a resulting death

• Negligent failure to control a dangerous dog, where the attack kills a person: class C felony, 1 to 5 years, no suspended sentence (HRS 711-1144(4), added by Act 224 of 2024).
• Illegal fireworks offenses where the fireworks cause serious bodily injury or death: graded two classes higher (class A where the base offense is a class B felony) under HRS 132D-14(c); chapter 132D offenses added by Act 243 of 2025 (effective June 30, 2025) also carry class A felony tiers where the fireworks cause serious bodily injury or death.

Sentencing rules that apply to manslaughter

Parole. Hawaii felony sentences are indeterminate. Under HRS 706-669(1), the Hawaii paroling authority, "no later than six months after commitment," must hold a hearing and "make an order fixing the minimum term of imprisonment to be served before the prisoner shall become eligible for parole."

Repeat offenders. HRS 706-606.5 imposes "a mandatory minimum period of imprisonment without possibility of parole" on a person convicted of any class A or class B felony, or of listed class C felonies including "Section 707-703 relating to negligent homicide in the second degree," who has prior felony convictions:

These minimums apply as provided in HRS 706-606.5, including its exceptions.

Firearms. Under HRS 706-660.1(1), a person convicted of a felony "where the person had a firearm in the person's possession or threatened its use or used the firearm while engaged in the commission of the felony, whether the firearm was loaded or not, and whether operable or not, may in addition to the indeterminate term of imprisonment provided for the grade of offense be sentenced to a mandatory minimum term of imprisonment without possibility of parole or probation": up to 10 years for a class A felony, up to 5 for class B and up to 3 for class C. The minimum is mandatory, not discretionary, in two cases: for a second firearm felony (13 years 4 months for a class A felony, 6 years 8 months for class B, 3 years 4 months for class C; HRS 706-660.1(2)), and where the firearm was semiautomatic or automatic (15 years for a class A felony, 10 for class B, 5 for class C; HRS 706-660.1(3)).

Extended terms. If it is proven beyond a reasonable doubt that an extended term is necessary for the protection of the public and that the defendant meets a criterion in HRS 706-662, the court may impose an extended term: an indeterminate life term for a class A felony, an indeterminate 20-year term for a class B felony and an indeterminate 10-year term for a class C felony (HRS 706-661). The criteria include a persistent offender (two or more prior felonies committed at different times at age 21 or older, an age raised from 18 by Act 152 of 2025, effective June 3, 2025), a multiple offender, manslaughter in which the defendant inflicts serious or substantial bodily injury on a person 60 or older, blind, a paraplegic or a quadriplegic, or 8 or younger whose status is known or reasonably should be known, and a negligent homicide in the first degree conviction where the defendant did not remain at the scene and render reasonable assistance to an injured person, including a violation of HRS 291C-12.

Probation. HRS 706-623(1), as rewritten by Act 151 of 2026 (SB 2721, section 17 effective June 29, 2026), sets probation at "Ten years upon conviction of a class A felony" and "Five years upon conviction of a class B or class C felony under part II" of chapter 707. Those lengths for homicide offenses were the same before the act.

Habitual violent crime. The habitual violent crime offense created in 2024 (HRS 707-712.2) covers listed assault, sexual assault and family-abuse offenses and does not include manslaughter. Act 155 of 2026 moved its repeal date from June 30, 2027 to June 30, 2031.

Registration. Under HRS 846E-1, a "Covered offender means a sex offender or an offender against minors," and a covered offense is a crime within the chapter's definitions of crimes against minors or sexual offenses. Manslaughter and negligent homicide are not among them.

Recent changes

• Act 143 of 2026 (HB 1548), effective June 24, 2026: set the misdemeanor maximum at 364 days except for a misdemeanor that is a crime of violence, which keeps one year (HRS 706-663). Some online copies of HRS 706-663 may still print the earlier one-year maximum for all misdemeanors.
• Act 95 of 2026 (HB 1692), effective June 5, 2026: extended the stopped-vehicle rule, under which a death attributable to the driver is charged as negligent homicide, to any stationary vehicle with warning signals.
• Act 151 of 2026 (SB 2721): rewrote the probation-length section, leaving the terms for homicide offenses unchanged.
• Act 152 of 2025 (HB 103), effective June 3, 2025: raised the persistent-offender age for extended terms in HRS 706-662(1) from 18 to 21.
• Act 48 of 2022: created the class A tier of negligent homicide in the first degree.
• Act 149 of 2019: added the gender identity and sexual orientation limit to the EMED defense.

Federal law, 18 U.S.C. 1112, separately covers manslaughter on federal land and in other federal jurisdictions; the manslaughter laws hub explains it.

Related pages

• Manslaughter laws by state
• Hawaii felony and misdemeanor classes
• Hawaii DUI laws
• Hawaii hit-and-run laws
• The difference between murder, homicide and manslaughter

This article provides general legal information about Hawaii law as of 2026-10-18. It is not legal advice. For a specific situation, contact a lawyer licensed in Hawaii.

Last updated: 2026-10-18.

Frequently Asked Questions

Is manslaughter a felony in Hawaii?

Yes. Manslaughter under HRS 707-702 is a class A felony. Of the negligent homicide offenses, the first degree is a class B felony (class A in the aggravated impaired-driving cases), the second degree is a class C felony, and the third degree is a misdemeanor.

What is the sentence for manslaughter in Hawaii?

A court may impose an indeterminate prison term with a 20-year maximum, with the minimum set by the Hawaii paroling authority (HRS 706-659, 706-669), and a fine of up to $50,000 (HRS 706-640). An extended term of up to life is possible under HRS 706-661 and 706-662 where the prosecution proves a listed criterion beyond a reasonable doubt. Manslaughter is excepted from the mandatory 20-year, no-probation rule for class A felonies, but the firearm and repeat-offender mandatory minimums of HRS 706-660.1 and 706-606.5 can apply.

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

Hawaii does not use those labels. Manslaughter under HRS 707-702(1) is a reckless killing or intentionally causing a suicide, and a murder charge is reduced to manslaughter when the defendant proves the affirmative defense of extreme mental or emotional disturbance for which there is a reasonable explanation (HRS 707-702(2)).

What is the charge for a DUI death in Hawaii?

Causing a death by operating a vehicle in a negligent manner while under the influence of drugs or alcohol is negligent homicide in the first degree (HRS 707-702.5), a class B felony with a 10-year maximum (20 on an extended term under HRS 706-661). It is a class A felony when the driver has a prior impaired-driving conviction within 15 years, is engaging in conduct that would violate HRS 291E-62, or has a blood or breath alcohol level of .15 or more. A death caused by reckless driving can instead be charged as manslaughter (HRS 707-702(1)(a)), a class A felony.

Who is a vulnerable user under Hawaii’s negligent homicide law?

HRS 707-700 defines a vulnerable user as a pedestrian legally within a street or public highway; a roadway worker, including police, fire and other emergency responders, working within or along the road as the definition describes; or a person legally operating a bicycle, moped, electric foot scooter, electric personal assistive mobility device, or wheelchair conveyance or other personal mobility device within the street or public highway.

Does Hawaii ban the gay or trans panic defense?

Yes, within the EMED defense. Since Act 149 of 2019, HRS 707-702(2) provides that an explanation that is not otherwise reasonable is not made reasonable because of the discovery, knowledge or disclosure of the other person’s actual or perceived gender, gender identity, gender expression or sexual orientation, including where the other person made an unwanted nonforcible romantic or sexual advance.

Can a person get probation for manslaughter in Hawaii?

HRS 706-659 does not apply its no-probation rule to manslaughter, and the probation term for a class A felony is ten years (HRS 706-623(1)(a)). The firearm and repeat-offender provisions impose mandatory minimum terms without parole in the cases they cover.

Is a driver’s license revoked after a vehicle manslaughter conviction in Hawaii?

Yes. HRS 286-124 requires the court to revoke the license forthwith upon a conviction of manslaughter or negligent homicide in the first or second degree resulting from the operation of a motor vehicle, with the period set at sentencing. The section does not name negligent homicide in the third degree.

Do people convicted of manslaughter have to register in Hawaii?

Hawaii’s registration chapter, HRS 846E, covers sex offenders and offenders against minors. Its definitions of covered offenses do not include manslaughter or negligent homicide.