Manslaughter in Michigan: Voluntary, Involuntary and OWI Deaths

Michigan has one offense named manslaughter, and its statute sets only the punishment: MCL 750.321 makes "the crime of manslaughter" a felony punishable by up to 15 years in prison, a fine of up to $7,500, or both. The Michigan Supreme Court supplies the definitions from the common law, which recognizes voluntary manslaughter (an intentional killing in the heat of passion caused by adequate provocation) and involuntary manslaughter (an unintentional killing without malice), as it explained in People v Mendoza, 468 Mich 527 (2003). Most deaths caused by drivers are charged under separate Vehicle Code offenses, led by operating while intoxicated causing death (MCL 257.625(4)) and reckless driving causing death (MCL 257.626(4)), although the Vehicle Code still treats manslaughter that results from the operation of a vehicle as a conviction (MCL 257.303(2)(e)). 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 Michigan statutes on homicide below murder: MCL 750.321 and the sections that deem specific deaths manslaughter (750.236, 750.322, 750.329), the embryo or fetus death sections (750.90a-750.90e), careless firearm death (752.861), the Vehicle Code death offenses (257.601b, 257.601c, 257.601d, 257.602a, 257.617, 257.625(4), 257.626(4), 257.653a, 257.904), first-degree fleeing and eluding (750.479a(5)), the impaired-operation death offenses for boats, snowmobiles, ORVs, aircraft and locomotives (324.80176(4), 324.82127(4), 324.81134(4), 259.185(4), 462.353(6)), delivery of a controlled substance causing death (750.317a), the evidence rule in 768.21d and the sentencing guidelines table in 777.16p. It does not cover murder (see how long a life sentence lasts in Michigan), whether a killing was justified (see Michigan self-defense laws), civil suits by a family (see Michigan wrongful death claims), local ordinances, or federal offenses, which the manslaughter hub covers.

What is manslaughter in Michigan?

Manslaughter in Michigan is a killing without malice. The penal code names the crime and punishes it, but MCL 750.321 does not list its elements:

"Any person who shall commit the crime of manslaughter shall be guilty of a felony punishable by imprisonment in the state prison, not more than 15 years or by fine of not more than 7,500 dollars, or both, at the discretion of the court." MCL 750.321

The elements come from the common law. In People v Mendoza, 468 Mich 527 (2003), the Michigan Supreme Court stated that "the common law recognizes two forms of manslaughter: voluntary and involuntary." Both forms carry the same statutory penalty under 750.321.

The main Michigan offenses below murder that cover a death include:

• Manslaughter, voluntary or involuntary (MCL 750.321): the common-law crime, defined by case law.
• Manslaughter by a firearm aimed without malice (MCL 750.329): a statutory form of manslaughter.
• Willful killing of an unborn quick child (MCL 750.322): deemed manslaughter by statute.
• Death of an embryo or fetus (MCL 750.90a-750.90e): a ladder of felonies and one misdemeanor.
• Careless, reckless or negligent firearm discharge causing death (MCL 752.861): a misdemeanor punishable by up to 2 years.
• Operating while intoxicated causing death (MCL 257.625(4)): a Vehicle Code felony.
• Reckless driving causing death (MCL 257.626(4)): a Vehicle Code felony.
• Moving violation causing death (MCL 257.601d): a Vehicle Code misdemeanor.
• Moving violation causing death in a work zone or school bus zone, of a person operating an implement of husbandry, or of emergency personnel at a stationary emergency vehicle (MCL 257.601b(3), 257.601c(2), 257.653a(4)): Vehicle Code felonies.
• Driving while license suspended, revoked or denied, or never licensed, causing death (MCL 257.904(4)): a Vehicle Code felony.
• First-degree fleeing and eluding (MCL 750.479a(5); MCL 257.602a(5)): a felony when the violation results in a death.
• Leaving the scene of a crash resulting in death (MCL 257.617(2), (3)): a felony.
• Operating a motorboat while intoxicated or impaired causing death (MCL 324.80176(4)): a felony, with parallel felonies for snowmobiles, ORVs, aircraft and locomotives.
• Delivery of a controlled substance causing death (MCL 750.317a): a felony carrying up to life.

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

Yes. Manslaughter is always a felony in Michigan. Under MCL 750.321 the court may impose imprisonment of up to 15 years, a fine of up to $7,500, or both. Those figures are statutory maximums.

Michigan's sentencing guidelines sort felonies into classes. The guidelines table that covers these penal code sections, MCL 777.16p, lists manslaughter (750.321), the willful killing of an unborn quick child (750.322) and the firearm form (750.329) each as a Class C crime against a person with a 15-year statutory maximum. For how the guidelines classes work across all felonies, see how Michigan classifies felonies and misdemeanors.

The driving offenses carry their own penalties, set in the Vehicle Code rather than in 750.321. Moving violation causing death (MCL 257.601d) is a misdemeanor, but a moving violation that causes a death in the settings listed in 257.601b(3), 257.601c(2) and 257.653a(4) is a felony.

Voluntary manslaughter and provocation in Michigan

Voluntary manslaughter is an intentional killing that the law treats as less culpable than murder because of the circumstances that produced it. Mendoza quotes the common-law definition:

"[T]he act of killing, though intentional, [is] committed under the influence of passion or in heat of blood, produced by an adequate or reasonable provocation, and before a reasonable time has elapsed for the blood to cool and reason to resume its habitual control, and is the result of the temporary excitement, by which the control of reason was disturbed, rather than of any wickedness of heart or cruelty or recklessness of disposition . . . ." People v Mendoza, 468 Mich 527 (2003)

Earlier, in People v Pouncey, 437 Mich 382 (1991), the Michigan Supreme Court broke the doctrine into three parts. "First, the defendant must kill in the heat of passion. Second, the passion must be caused by an adequate provocation. Finally, there cannot be a lapse of time during which a reasonable person could control his passions." The court added that "the provocation necessary to mitigate a homicide from murder to manslaughter is that which causes the defendant to act out of passion rather than reason."

Mendoza also explained where provocation fits. "Significantly, provocation is not an element of voluntary manslaughter," the court wrote. "Rather, provocation is the circumstance that negates the presence of malice." Malice is what separates murder from manslaughter, and the court held that "both forms of manslaughter are necessarily included lesser offenses of murder."

The panic-defense evidence bar (MCL 768.21d)

Michigan limits what evidence may be offered to show provocation. MCL 768.21d, added by 2024 Public Act 87 (House Bill 4718 of 2023), took effect April 2, 2025. Subsection (1) provides:

"Evidence of the discovery of, knowledge about, or potential disclosure of an individual's actual or perceived sex, gender identity, gender expression, or sexual orientation is not admissible for any of the following purposes: (a) To demonstrate reasonable provocation. (b) To show that an act was committed in a heat of passion. (c) To support a defense of reduced mental capacity under section 20a of this chapter."

Subsection (2) adds that, notwithstanding any other Michigan law, "an individual is not justified in using force against another individual based on the discovery of, knowledge about, or potential disclosure of the victim's actual or perceived sex, gender identity, gender expression, or sexual orientation."

Whether a killing was justified at all, rather than mitigated, is a separate question covered on our page on Michigan self-defense laws.

Involuntary manslaughter in Michigan

Involuntary manslaughter covers an unintentional killing. Mendoza states the common-law definition this way:

"Involuntary manslaughter is the unintentional killing of another, without malice, during the commission of an unlawful act not amounting to a felony and not naturally tending to cause great bodily harm; or during the commission of some lawful act, negligently performed; or in the negligent omission to perform a legal duty." People v Mendoza, 468 Mich 527 (2003)

That definition gives three routes. The first is a death during an unlawful act that is not a felony and does not naturally tend to cause great bodily harm. The second is a death during a lawful act done negligently. The third is a death from the negligent failure to perform a legal duty. Each carries the same 15-year statutory maximum under MCL 750.321.

The negligence must be criminal, not ordinary. In People v Holtschlag, 471 Mich 1 (2004), the Michigan Supreme Court said that "where an act is malum prohibitum unlawful or lawful, a mens rea of “criminal negligence” is required to prove manslaughter," and that this requirement is met if the defendant "intended to inflict some bodily injury on another" or "acted with gross negligence."

Firearm deaths as statutory manslaughter

MCL 750.329 makes a specific kind of firearm death manslaughter by statute:

"(1) A person who wounds, maims, or injures another person by discharging a firearm that is pointed or aimed intentionally but without malice at another person is guilty of manslaughter if the wounds, maiming, or injuries result in death."

Subsection (2) states that the section does not apply to a peace officer of Michigan, another state, a local unit of government or the United States "performing his or her duties as a peace officer." The section sets no penalty of its own; the guidelines table lists it as Class C with a 15-year statutory maximum (MCL 777.16p).

A death from a firearm discharged through "carelessness, recklessness or negligence, but not wilfully or wantonly," is a misdemeanor under MCL 752.861, punishable by up to 2 years in state prison, a fine of up to $2,000, or up to 1 year in county jail.

Vehicular manslaughter and OWI causing death in Michigan

Michigan has no offense called vehicular manslaughter or DUI manslaughter. Most deaths caused by driving are charged under the Michigan Vehicle Code. The penal code's former vehicle-homicide sections, MCL 750.324 and 750.325, were repealed by 2008 Public Act 463 effective October 31, 2010. The Vehicle Code still lists "one conviction of negligent homicide, manslaughter, or murder that results from the operation of a vehicle" among the convictions that require license revocation (MCL 257.303(2)(e)). The Vehicle Code offenses that cover a driving death include those below.

Operating while intoxicated causing death (MCL 257.625(4))

A person, "whether licensed or not," who operates a motor vehicle in violation of subsection (1), (3) or (8) of MCL 257.625 "and by the operation of that motor vehicle causes the death of another person" commits a crime graded in three tiers:

• Base offense, 625(4)(a): a felony punishable by up to 15 years in prison or a fine of $2,500 to $10,000, or both.
• High alcohol content with a prior, 625(4)(b): if the violation occurs while the person has an alcohol content of 0.17 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, "and within 7 years of a prior conviction," a felony punishable by up to 20 years or a fine of $2,500 to $10,000, or both.
• Emergency personnel, 625(4)(c): if the person is operating in a manner prohibited by section 653a and causes the death of a police officer, firefighter or other emergency response personnel, a felony punishable by up to 20 years or a fine of $2,500 to $10,000, or both.

Subsection (1) defines "operating while intoxicated" to include being "under the influence of alcoholic liquor, a controlled substance, or other intoxicating substance" or a combination of them, and having "an alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine." The death felony also covers operating while visibly impaired (625(3)) and with any amount of a schedule 1 controlled substance, or a substance described in MCL 333.7214(a)(iv), in the body (625(8)). As written, the death offense requires the prohibited operation and a death caused by that operation; the subsection does not add a recklessness element.

When the impaired operation causes a serious impairment of a body function rather than a death, MCL 257.625(5) makes it a separate felony punishable by up to 5 years or a fine of $1,000 to $5,000, or both. For OWI penalties where no one is killed or injured, see Michigan DUI laws.

Reckless driving causing death (MCL 257.626(4))

Reckless driving under MCL 257.626(2) is operating a vehicle on a highway, a frozen public lake, stream or pond, or another place open to the general public, including a parking area, "in willful or wanton disregard for the safety of persons or property." On its own it is a misdemeanor punishable by up to 93 days or a fine of up to $500, or both.

Subsection (4) provides that, beginning October 31, 2010, a person who drives in violation of subsection (2) "and by the operation of that vehicle causes the death of another person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not less than $2,500.00 or more than $10,000.00, or both." Subsection (5) adds that in a prosecution under subsection (4), "the jury shall not be instructed regarding the crime of moving violation causing death."

Moving violation causing death (MCL 257.601d)

The lowest tier is a misdemeanor. A person who commits a moving violation on a highway or other place open to the general public is guilty of a misdemeanor punishable by up to 1 year or a fine of up to $2,000, or both, "if the moving violation was the proximate cause of the death of another person."

A "moving violation" is an act or omission prohibited under the Vehicle Code, or a substantially corresponding local ordinance, "that involves the operation of a motor vehicle, and for which a fine may be assessed" (257.601d(4)). Subsection (3) states that the section "does not prohibit the person from being charged with, convicted of, or punished for any other violation of law."

Three moving-violation deaths are felonies punishable by up to 15 years or a fine of up to $7,500, or both:

• Work zone or school bus zone (MCL 257.601b(3)): a moving violation assigned at least 3 points that causes a death in the zone; subsection (4) excludes a death caused by the deceased person's own negligence.
• Implement of husbandry (MCL 257.601c(2)): a moving violation with criminal penalties that causes the death of a person operating an implement of husbandry on a highway in compliance with the Vehicle Code.
• Stationary emergency vehicle (MCL 257.653a(4)): violating section 653a and causing the death of a police officer, firefighter or other emergency response personnel in the immediate area of the stationary authorized emergency vehicle.

Driving without a valid license causing death (MCL 257.904)

A person who drives while their license is suspended, revoked or denied, or who has never applied for a license, and who "by operation of that motor vehicle, causes the death of another individual" commits a felony punishable by up to 15 years or a fine of $2,500 to $10,000, or both (257.904(4)). The subsection does not apply when the suspension was only for failing to answer a citation or comply with an order or judgment under section 321a. An owner who knowingly permitted the operation faces a felony of up to 5 years or a fine of $1,000 to $5,000, or both, if the driver causes a death (257.904(7)).

First-degree fleeing and eluding

A driver who willfully fails to obey a police or conservation officer's signal to stop commits first-degree fleeing and eluding "if the violation results in the death of another individual." Under the Penal Code, which covers motor vehicles and vessels, it is a felony punishable by up to 15 years or a fine of up to $15,000, or both (MCL 750.479a(5)); the parallel Vehicle Code offense carries up to 15 years or a fine of up to $10,000, or both (MCL 257.602a(5)).

Boating, snowmobile, ORV, aircraft and locomotive deaths

MCL 324.80176(4) applies the same structure on the water. A person who operates a motorboat in violation of subsection (1) or (3) of that section "and by the operation of that motorboat causes the death of another person" commits a felony punishable by up to 15 years or a fine of $2,500 to $10,000, or both.

The same felony, up to 15 years or a fine of $2,500 to $10,000, or both, applies to impaired operation causing death of a snowmobile (MCL 324.82127(4)), an off-road vehicle (MCL 324.81134(4)) and a locomotive engine (MCL 462.353(6)). For aircraft, MCL 259.185(4) covers operating or acting as a crew member while under the influence, with an alcohol content of 0.02 grams or more, or within 8 hours after consuming intoxicating liquor or a controlled substance, and causing a death.

Leaving the scene of a fatal crash

Failing to stop and remain at the scene of a crash that results in a death is a felony under MCL 257.617: up to 5 years or a fine of up to $5,000, or both (617(2)), or up to 15 years or a fine of up to $10,000, or both, when the driver caused the accident (617(3)). The duties and other penalty tiers are covered on our page on Michigan hit-and-run laws.

Other Michigan homicide offenses below murder

Delivery of a controlled substance causing death (MCL 750.317a). A person who delivers a schedule 1 or 2 controlled substance, other than marihuana, in violation of MCL 333.7401, "that is consumed by that person or any other person and that causes the death of that person or other person is guilty of a felony punishable by imprisonment for life or any term of years." The statute does not call the offense murder or manslaughter, and the guidelines list it as a Class A crime against a person (MCL 777.16p). The section was added by 2005 Public Act 167, effective January 1, 2006.

Willful killing of an unborn quick child (MCL 750.322). "The wilful killing of an unborn quick child by any injury to the mother of such child, which would be murder if it resulted in the death of such mother, shall be deemed manslaughter." The guidelines list it as Class C with a 15-year statutory maximum.

Death of an embryo or fetus (MCL 750.90a-750.90e). These sections grade conduct against a pregnant individual that results in a miscarriage or stillbirth or death to the embryo or fetus:

• 750.90a: intentional conduct proscribed under sections 81 to 89 where the person intended to cause a miscarriage or stillbirth, or death or great bodily harm to the embryo or fetus, or acted in wanton or willful disregard of that likelihood, and the conduct resulted in a miscarriage or stillbirth or death to the embryo or fetus: a felony punishable by imprisonment for life or any term of years.
• 750.90b(a): intentional conduct proscribed under sections 81 to 89: a felony punishable by up to 15 years or a fine of up to $7,500, or both.
• 750.90c(a): a grossly negligent act: a felony punishable by up to 15 years or a fine of up to $7,500, or both.
• 750.90d(a): conduct proscribed under MCL 257.625(1) or (3) involving an accident with a pregnant individual: a felony punishable by up to 15 years or a fine of $2,500 to $10,000, or both.
• 750.90e: operating a motor vehicle in a careless or reckless manner, but not willfully or wantonly, that is the proximate cause of the accident: a misdemeanor punishable by up to 2 years or a fine of up to $2,000, or both.

Death from a set spring gun or device (MCL 750.236). MCL 750.236, the section on spring guns and similar set devices, provides that "the killing of any person by the firing of a gun or device so set shall be manslaughter."

Other offenses graded by a resulting death

The same guidelines table (MCL 777.16p) also lists:

• Death by explosives on a vehicle or vessel, MCL 750.327: Class A, life.
• Death by explosives in or near a building, MCL 750.328: Class A, life.
• Assisting a suicide, MCL 750.329a: Class E, 5-year statutory maximum.

Other sections that grade a death include:

• Death caused by a dangerous animal, MCL 287.323(1): the owner is guilty of involuntary manslaughter, punishable under 750.321.
• Hazing resulting in death, MCL 750.411t(2)(c): felony, up to 15 years or a fine of up to $10,000, or both.

Recent changes to Michigan manslaughter law

• April 2, 2025: MCL 768.21d, added by 2024 Public Act 87, took effect. It bars evidence of a person's actual or perceived sex, gender identity, gender expression or sexual orientation to demonstrate reasonable provocation or a heat of passion.
• October 31, 2010: 2008 Public Act 463 repealed the penal code's vehicle-death sections (MCL 750.324 and 750.325) and added moving violation causing death (MCL 257.601d). The reckless-driving death felony in 257.626(4) applies "beginning October 31, 2010."
• January 1, 2006: delivery of a controlled substance causing death (MCL 750.317a) took effect under 2005 Public Act 167.

The penalty in MCL 750.321 itself dates from the Michigan Penal Code of 1931 (1931 Public Act 328, effective September 18, 1931).

Leading Michigan cases

• People v Mendoza, 468 Mich 527 (2003): the Michigan Supreme Court held that "the elements of voluntary and involuntary manslaughter are included in the elements of murder," so "both forms of manslaughter are necessarily included lesser offenses of murder," and it stated that provocation "is the circumstance that negates the presence of malice."
• People v Pouncey, 437 Mich 382 (1991): the court set out the three parts of voluntary manslaughter (heat of passion, adequate provocation, and no lapse of time during which a reasonable person could control his passions).

Federal law

Federal law separately defines voluntary and involuntary manslaughter in 18 U.S.C. 1112 and, within the special maritime and territorial jurisdiction of the United States, sets maximum prison terms of 15 years for voluntary and 8 years for involuntary manslaughter; the manslaughter hub covers the federal layer.

Related Michigan pages

• Manslaughter laws by state
• Michigan felony and misdemeanor classes
• Michigan DUI laws
• Michigan hit-and-run laws
• Michigan self-defense laws
• Murder, homicide and manslaughter: the difference

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

Last updated: 2026-10-17.

Frequently Asked Questions

Is manslaughter a felony in Michigan?

Yes. MCL 750.321 makes manslaughter a felony punishable by up to 15 years in prison, a fine of up to $7,500, or both. Michigan's sentencing guidelines list it as a Class C crime against a person (MCL 777.16p).

How many years do you get for manslaughter in Michigan?

The statutory maximum is 15 years in prison, a fine of up to $7,500, or both, at the court's discretion (MCL 750.321). That is a maximum, not a set term.

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

Voluntary manslaughter is an intentional killing committed in the heat of passion caused by adequate provocation, before there was time to cool off. Involuntary manslaughter is an unintentional killing without malice during a lesser unlawful act, a lawful act done negligently, or a negligent failure to perform a legal duty (People v Mendoza, 468 Mich 527 (2003)); for a lawful act the negligence must be criminal (gross) negligence, or there must be an intent to injure (People v Holtschlag, 471 Mich 1 (2004)).

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

Operating while intoxicated causing death, a felony under MCL 257.625(4) punishable by up to 15 years or a fine of $2,500 to $10,000, or both. The maximum rises to 20 years with an alcohol content of 0.17 or more and a prior conviction within 7 years, or when the death is of a police officer, firefighter or other emergency response personnel and the driver was operating in a manner prohibited by section 653a.

Is there vehicular manslaughter in Michigan?

Not by that name. Most driving deaths are charged under Vehicle Code offenses that include operating while intoxicated causing death (MCL 257.625(4)), reckless driving causing death (257.626(4)) and moving violation causing death (257.601d), a misdemeanor except in listed settings such as a work zone or school bus zone (257.601b(3)), where it is a felony. The Vehicle Code still treats manslaughter resulting from the operation of a vehicle as a conviction that requires license revocation (MCL 257.303(2)(e)).

Can a murder charge become manslaughter in Michigan?

The Michigan Supreme Court held in People v Mendoza (2003) that voluntary and involuntary manslaughter are necessarily included lesser offenses of murder. It described provocation as the circumstance that negates the presence of malice, the element that separates murder from manslaughter.

Is gay or trans panic a defense in Michigan?

Since April 2, 2025, MCL 768.21d bars evidence of the discovery of, knowledge about or potential disclosure of a person's actual or perceived sex, gender identity, gender expression or sexual orientation to demonstrate reasonable provocation or a heat of passion, and it states that force against a person on that basis is not justified.