Maine Manslaughter Laws: Class A Sentences and OUI Deaths (2026)

Maine has one manslaughter statute with three forms. Under 17-A M.R.S. 203(1), a person is guilty of manslaughter if that person "recklessly, or with criminal negligence, causes the death of another human being," or intentionally or knowingly causes a death "while under the influence of extreme anger or extreme fear brought about by adequate provocation," both Class A crimes punishable by up to 30 years; a third form, an employer's intentional or knowing safety violation that causes an employee's death, is a Class C crime.

Maine grades these crimes by class (A, B, C and so on); the statutes covered here do not label them felonies or misdemeanors. A death caused by impaired driving can also be charged as operating under the influence (OUI) causing death, a Class B crime with a 6-month minimum and a 10-year license suspension under 29-A M.R.S. 2411. For other states, see our guide to manslaughter laws by state.

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

Jurisdiction scope: This article covers Maine criminal statutes on homicide below murder: manslaughter (17-A M.R.S. 203), the adequate-provocation rules in 17-A M.R.S. 201, the definitions of recklessly and criminal negligence in 17-A M.R.S. 35, the class sentences and fines in 17-A M.R.S. 1604 and 1704, OUI causing death (29-A M.R.S. 2411) and the license rules that follow a vehicle death, recreational-vehicle and boating deaths under Title 12, leaving the scene of a fatal crash (29-A M.R.S. 2252), causing a death while license suspended or revoked (29-A M.R.S. 2464), the drug-death forms of aggravated trafficking and furnishing, and aiding or soliciting suicide (17-A M.R.S. 204). It does not cover murder (see how long a life sentence is in Maine and murder sentencing guidelines), self-defense (see Maine self-defense laws), civil lawsuits over a death (see Maine wrongful death), or federal offenses (see the manslaughter laws hub).

What is manslaughter in Maine?

Section 203(1) reads in part:

"A person is guilty of manslaughter if that person: A. Recklessly, or with criminal negligence, causes the death of another human being. Violation of this paragraph is a Class A crime; B. Intentionally or knowingly causes the death of another human being under circumstances that do not constitute murder because the person causes the death while under the influence of extreme anger or extreme fear brought about by adequate provocation. Adequate provocation has the same meaning as in section 201, subsection 4. ... Violation of this paragraph is a Class A crime; or C. Has direct and personal management or control of any employment, place of employment or other employee, and intentionally or knowingly violates any occupational safety or health standard of this State or the Federal Government, and that violation in fact causes the death of an employee and that death is a reasonably foreseeable consequence of the violation. ... Violation of this paragraph is a Class C crime."

Maine does not use the labels voluntary and involuntary manslaughter, and it has no numbered degrees. In the terms readers often search for:

• Closest to voluntary manslaughter: paragraph B, an intentional or knowing killing under extreme anger or extreme fear brought about by adequate provocation.
• Closest to involuntary manslaughter: paragraph A, a death caused recklessly or with criminal negligence. One paragraph covers both mental states.

The homicide sections of chapter 9 of Title 17-A are murder (201), felony murder (202), manslaughter (203) and aiding or soliciting suicide (204) (chapter 9). Felony murder under 17-A M.R.S. 202 is a Class A crime (202(3)), the same class as manslaughter: a death that is a reasonably foreseeable consequence of committing, attempting or fleeing after murder, robbery, burglary, kidnapping, arson, gross sexual assault or escape. Under 17-A M.R.S. 201(1-A), "when the crime of depraved indifference murder is charged, the crime of criminally negligent manslaughter is deemed to be charged."

The prison maximums come from 17-A M.R.S. 1604(1): "In the case of a Class A crime, 30 years," "in the case of a Class B crime, 10 years," "in the case of a Class C crime, 5 years" and "in the case of a Class D crime, less than one year." The fine maximums come from 17-A M.R.S. 1704: $50,000 for a Class A crime, $20,000 for a Class B crime, $5,000 for a Class C crime and $2,000 for a Class D crime. For how Maine sentences each class, see Maine felony and misdemeanor classes.

Is manslaughter a felony in Maine, and what is the sentence?

Maine grades crimes by class, and the sections covered here do not use the word felony. Manslaughter by recklessness, criminal negligence or adequate provocation is a Class A crime: up to 30 years in prison (1604(1)) and a fine of up to $50,000 (1704). The employer form in 203(1)(C) is a Class C crime.

Firearm minimum. Under 17-A M.R.S. 1604(3), "if the State pleads and proves that a Class A, B or C crime was committed with the use of a firearm against an individual, the minimum sentence of imprisonment, which may not be suspended," is 4 years for a Class A crime, 2 years for a Class B crime and one year for a Class C crime. The subsection dates from the 2019 recodification of the sentencing chapter (PL 2019, c. 113).

The manslaughter section itself was last amended by PL 2001, c. 383.

Adequate provocation: when a killing is manslaughter instead of murder

Adequate provocation works two ways. On a murder charge, "it is an affirmative defense to a prosecution under subsection 1, paragraph A, that the person causes the death while under the influence of extreme anger or extreme fear brought about by adequate provocation" (201(3)). On a manslaughter charge under 203(1)(B), that fact "constitutes a mitigating circumstance reducing murder to manslaughter and need not be proved."

Section 201(4) defines when provocation is adequate:

"4. For purposes of subsection 3, provocation is adequate if: A. It is not induced by the person; and B. It is reasonable for the person to react to the provocation with extreme anger or extreme fear, provided that evidence demonstrating only that the person has a tendency towards extreme anger or extreme fear is not sufficient, in and of itself, to establish the reasonableness of the person's reaction."

In State v. Hanaman, 2012 ME 40, 38 A.3d 1278, the Supreme Judicial Court said provocation "is adequate only if (1) it is not induced by the defendant, and (2) it is objectively reasonable for the defendant to react to the provocation with extreme anger or extreme fear," and that "adequate provocation is an affirmative defense that the defendant must prove by a preponderance of the evidence." Hanaman applied the 2011 text of 201(4), before the 2019 amendment below.

The 2019 limit on gay and trans panic claims

PL 2019, c. 462 amended 201(4). Its current text, which 203(1)(B) incorporates, includes this paragraph:

"For purposes of determining whether extreme anger or extreme fear was brought about by adequate provocation, the provocation was not adequate if it resulted solely 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 toward the person or in which the person and victim dated or had a romantic or sexual relationship."

Self-defense and justification are covered on the Maine self-defense laws page.

Reckless and criminally negligent manslaughter

Paragraph A of 203(1) turns on two mental states defined in 17-A M.R.S. 35:

"3. 'Recklessly.' A. A person acts recklessly with respect to a result of the person's conduct when the person consciously disregards a risk that the person's conduct will cause such a result. ... C. For purposes of this subsection, the disregard of the risk, when viewed in light of the nature and purpose of the person's conduct and the circumstances known to the person, must involve a gross deviation from the standard of conduct that a reasonable and prudent person would observe in the same situation."

"4. 'Criminal negligence.' A. A person acts with criminal negligence with respect to a result of the person's conduct when the person fails to be aware of a risk that the person's conduct will cause such a result. ... C. For purposes of this subsection, the failure to be aware of the risk, when viewed in light of the nature and purpose of the person's conduct and the circumstances known to the person, must involve a gross deviation from the standard of conduct that a reasonable and prudent person would observe in the same situation."

The difference is awareness: a reckless person consciously disregards the risk, while a criminally negligent person fails to be aware of it. Both must involve a gross deviation from what a reasonable and prudent person would do. Either one supports Class A manslaughter under 203(1)(A).

Vehicular manslaughter and OUI deaths in Maine

Maine has no offense named vehicular manslaughter or DUI manslaughter. A death caused by driving can fall under:

• Manslaughter, 17-A M.R.S. 203(1)(A): a death caused recklessly or with criminal negligence, by any means, including driving. Class A, up to 30 years.
• OUI causing death, 29-A M.R.S. 2411: a Class B crime with mandatory minimums, described below.

OUI causing death (29-A M.R.S. 2411)

A person commits OUI by operating a motor vehicle while under the influence of intoxicants or with an alcohol level of 0.08 grams or more. Under 2411(1-A)(D)(1-A), the offense is aggravated when the person "in fact causes the death of another person." The penalty in 2411(5)(D-2) reads:

"A violation of subsection 1-A, paragraph D, subparagraph (1-A) or (2) is a Class B crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. The sentence must include a period of incarceration of not less than 6 months, a fine of not less than $2,100 and a court-ordered suspension of a driver's license for a period of 10 years. These penalties may not be suspended."

Causation runs to the driving, not the intoxication: "the State need not prove that the defendant's condition of being under the influence of intoxicants or having an alcohol level of 0.08 grams or more ... caused the serious bodily injury or death alleged. The State must prove only that the defendant's operation caused the serious bodily injury or death." As a Class B crime, OUI causing death carries up to 10 years (1604(1)) and a fine of up to $20,000 (1704). For OUI penalties where no one died, see Maine DUI laws.

License revocation after a driving death

• Criminal homicide conviction. A person convicted of criminal homicide or an attempt "as a result of the operation of a motor vehicle in such a manner as to cause the death of any person" has the license revoked "for a period of at least 5 years," and permanently if the district attorney's report "shows the person was under the influence of intoxicants at the time of the offense" (29-A M.R.S. 2454(1)-(2)). A person whose license is permanently revoked "may petition the Secretary of State for relicensure 10 years after the date the person is no longer incarcerated" (2454(5)).
• Administrative suspension. The Secretary of State must suspend for 3 years the license of a person "who negligently operates a motor vehicle in a manner as to cause the death of a person" while under the influence of intoxicants, with an alcohol level of more than 0.08, or who then fails to submit to a test (29-A M.R.S. 2456).
• Habitual offender status. "Homicide resulting from the operation of a motor vehicle" and "leaving the scene of an accident involving injury or death" each count toward habitual offender status, which requires 3 or more convictions for listed offenses within 5 years (29-A M.R.S. 2551-A(1)(A)).

Leaving the scene, eluding and driving to endanger

• Leaving the scene. Failing to comply with 29-A M.R.S. 2252 is a Class D crime, but "a person commits a Class C crime if that person intentionally, knowingly or recklessly fails to comply with this section and the accident resulted in serious bodily injury ... or death" (2252(5)). See Maine hit-and-run laws.
• Driving while suspended or revoked. "A person who, while knowingly operating with a suspended or revoked license, in fact causes the death of another person commits a Class B crime," and the license is then suspended for 10 years (29-A M.R.S. 2464(2), (4)(B)). The State must prove that the defendant's operation of the motor vehicle caused the death (2464(3)).
• Eluding an officer. Eluding at a reckless rate of speed that results in a high-speed chase is a Class C crime, and it is a Class B crime "if that person attempts to elude a law enforcement officer and another person suffers serious bodily injury" (29-A M.R.S. 2414(3), (6)). The section has no separate death tier.
• Driving to endanger. Driving with criminal negligence in a manner that endangers property or a person and causing serious bodily injury to another person is a Class C crime (29-A M.R.S. 2413(1-A)). The section has no separate death tier.

Snowmobile, ATV, boating and hunting deaths

Under 12 M.R.S. 10701(3)(F), "if the State pleads and proves that, while hunting or operating a snowmobile, all-terrain vehicle or watercraft in violation of this section, the defendant in fact caused serious bodily injury ... to another person or in fact caused the death of another person, the sentencing class for the offenses in subsection 1-A is Class C." A person who "intentionally, knowingly or recklessly fails to comply" with the watercraft accident reporting and aid duties when the accident resulted in serious bodily injury or death commits a Class C crime (12 M.R.S. 13069-A(5)); the same Class C tier applies to snowmobile accidents (12 M.R.S. 13106-B) and ATV accidents (12 M.R.S. 13157-B).

Drug-induced deaths

Two aggravated drug offenses are graded by a death:

• Aggravated trafficking, 17-A M.R.S. 1105-A(1)(K): "Death of another person is in fact caused by the use of one or more scheduled drugs, the scheduled drug trafficked by the defendant is a contributing factor to the death of the other person and that drug is a schedule W drug. A violation of this paragraph is a Class A crime" (1105-A).
• Aggravated furnishing, 17-A M.R.S. 1105-C(1)(K): "Death of another person is in fact caused by the use of one or more drugs and the drug furnished by the defendant is a contributing factor to the death of the other person. A violation of this paragraph is a Class B crime" (1105-C).

For a conviction under 1105-A or 1105-C, the minimum term of imprisonment, which may not be suspended, is 4 years when the sentencing class is Class A and 2 years when it is Class B, unless the court makes the findings in subsection 2, including that the minimum "will result in substantial injustice to the individual" (17-A M.R.S. 1125). If the court makes those findings, a reduced minimum that may not be suspended still applies: 9 months for a Class A crime and 6 months for a Class B crime (1125(3)).

Other offenses graded by a resulting death

• Aiding or soliciting suicide, 17-A M.R.S. 204: Class D crime, where the person "intentionally aids or solicits another to commit suicide, and the other commits or attempts suicide."
• Elevated aggravated assault on a pregnant person, 17-A M.R.S. 208-C: intentionally or knowingly causing serious bodily injury to a person the actor "knows or has reason to know is pregnant," where "serious bodily injury" includes "bodily injury that results in the termination of a pregnancy"; Class A crime (208-C(2)). A domestic-violence version is 17-A M.R.S. 208-F. Chapter 9's homicide sections contain no separate unborn-victim offense.
• Aggravated trafficking in or furnishing a counterfeit drug where a death results, 17-A M.R.S. 1105-B(1)(D): Class B crime.
• Aggravated unlawful operation of a methamphetamine laboratory where the laboratory in fact causes a death, 17-A M.R.S. 1105-E(1)(E): Class A crime.
• Aggravated illegal importation of a schedule W drug whose use in fact causes a death, 17-A M.R.S. 1118-A(1)(I): Class A crime.
• Intentional or knowing violation of the motor carrier registration subchapter that in fact causes a reasonably foreseeable death, 29-A M.R.S. 558-A(1)(D): Class C crime.
• Aircraft accident resulting in a death, 6 M.R.S. 205: the operator "must submit to and complete a chemical test"; operating an aircraft under the influence is a Class D crime under 6 M.R.S. 202(11).

Sentencing details: firearms, aggravating factors, time served and registration

Firearm minimum. The 4-year non-suspendable minimum for a Class A crime committed with a firearm against an individual (1604(3)) applies only if the State pleads and proves the firearm use.

Child and pregnant victims. When manslaughter is committed against a child who "had not in fact attained 6 years of age," or against a woman the defendant "knew or had reasonable cause to believe to be in fact pregnant," the court must give that fact special weight in setting the basic term and "may not suspend that portion of the maximum term of imprisonment based on objective or subjective victim impact" (17-A M.R.S. 1604(7)(A)-(B)).

Prior convictions and weapons. If the State pleads and proves 2 or more prior convictions under chapters 9, 11, 12, 13, 27 or 35 of Title 17-A (or certain other listed sections), the sentencing class is one class higher; for a Class A crime the class is not elevated, but the prior record must be given special weight (1604(5)(B)). If the State pleads and proves use of a dangerous weapon, a Class B, C, D or E crime is sentenced one class higher, and for a Class A crime that use must be given special weight; this does not apply where use of a dangerous weapon is an element of the offense (1604(5)(A)).

Time served. For a crime committed on or after August 1, 2004, up to 4 days per calendar month may be deducted from a sentence for conduct, plus up to 3 days per month, and in Department of Corrections custody up to 2 more, for fulfilling responsibilities in the person's transition plan for work, education or rehabilitation programs (17-A M.R.S. 2307). When the crime was against a family or household member or a dating partner, 2307 does not apply and the deduction is up to 5 days per calendar month (17-A M.R.S. 2308).

Registration. Maine's registration law in Title 34-A covers sex offenses and sexually violent offenses; its definitions section (34-A M.R.S. 11203) does not cite 17-A M.R.S. 203.

Recent changes

• 2019: PL 2019, c. 462, s 3 amended 17-A M.R.S. 201(4), whose current text includes the panic-defense limit that applies to manslaughter through 203(1)(B).
• 2023: PL 2023, c. 257 amended the license-revocation rule in 29-A M.R.S. 2454(1), and PL 2023, c. 557 amended the prior-conviction class-elevation rule in 17-A M.R.S. 1604(5)(B). This page states both as currently in force.
• 2025: PL 2025, c. 173 and c. 431 amended 29-A M.R.S. 2411 in its notice (5-A) and juvenile (8) subsections; the death tier reads as quoted above. A 2025 revisor's correction (RR 2025, c. 2) corrected 17-A M.R.S. 204(1).

Federal law (18 U.S.C. 1112) separately covers manslaughter on federal land and in other places under federal jurisdiction; the manslaughter laws hub explains it.

Leading Maine case

• State v. Hanaman, 2012 ME 40, 38 A.3d 1278: a charge of intentional or knowing murder may be reduced to manslaughter if the death was caused under extreme anger or extreme fear brought about by adequate provocation; provocation is adequate only if not induced by the defendant and objectively reasonable, and the defendant must prove it by a preponderance of the evidence.

Related Maine laws

• Manslaughter laws by state
• Maine DUI laws
• Maine hit-and-run laws
• Maine self-defense laws
• Maine felony and misdemeanor classes

This article provides general legal information about Maine law, not legal advice. Statutes and court decisions change, and how they apply depends on the facts. For advice about a specific situation, contact a lawyer licensed in Maine.

Last updated: October 18, 2026.

Frequently Asked Questions

Is manslaughter a felony in Maine?

Maine grades these crimes by class, and the statutes covered here do not use the word felony. Manslaughter under 17-A M.R.S. 203(1)(A) or (B) is a Class A crime, punishable by up to 30 years and a fine up to $50,000; the employer safety-violation form in 203(1)(C) is a Class C crime.

What is the sentence for manslaughter in Maine?

Up to 30 years in prison and a fine of up to $50,000 for the Class A forms (17-A M.R.S. 1604(1) and 1704). If the State pleads and proves the crime was committed with a firearm against an individual, the minimum is 4 years and may not be suspended.

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

Maine does not use those labels. The closest to voluntary manslaughter is 203(1)(B), an intentional or knowing killing under extreme anger or extreme fear brought about by adequate provocation; the closest to involuntary is 203(1)(A), a death caused recklessly or with criminal negligence. Both are Class A crimes.

What is the penalty for an OUI death in Maine?

OUI that in fact causes the death of another person is a Class B crime under 29-A M.R.S. 2411: up to 10 years, with at least 6 months of incarceration, a fine of at least $2,100 and a 10-year license suspension that may not be suspended. A death caused recklessly or with criminal negligence, by driving or otherwise, is also within Class A manslaughter under 17-A M.R.S. 203(1)(A).

Does Maine have a vehicular manslaughter law?

Not by that name. A driving death caused recklessly or with criminal negligence is manslaughter under 17-A M.R.S. 203(1)(A), and an impaired-driving death is OUI causing death under 29-A M.R.S. 2411.

Can provocation reduce murder to manslaughter in Maine?

Yes, if the death was caused under extreme anger or extreme fear brought about by adequate provocation (17-A M.R.S. 201(3), 203(1)(B)). Provocation is adequate only if it was not induced by the person and the reaction was reasonable, and it is not adequate if it resulted solely from the victim's actual or perceived gender, gender identity, gender expression or sexual orientation.

What is the penalty for leaving the scene of a fatal crash in Maine?

Under 29-A M.R.S. 2252(5), intentionally, knowingly or recklessly failing to comply with the duties after an accident that resulted in serious bodily injury or death is a Class C crime. Other failures to comply are Class D crimes.