Manslaughter in Mississippi: Heat of Passion, Negligence, DUI Deaths

Mississippi does not divide manslaughter into voluntary and involuntary offenses or into degrees. Instead, a set of statutes in Title 97, Chapter 3 (mainly Miss. Code 97-3-27 through 97-3-47) each describes a killing that "shall be manslaughter", including heat-of-passion manslaughter (97-3-35) and the general manslaughter statute for killings by culpable negligence (97-3-47). Every form shares one penalty section, 97-3-25: a fine of at least $500, up to one year in county jail, or both, or 2 to 20 years in the custody of the Department of Corrections, with up to 30 years for child homicide.

A drunk-driving death is a separate offense, aggravated DUI under 63-11-30(5), punishable by 5 to 25 years for each death. 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 Mississippi statutes on homicide below murder: the manslaughter sections of Title 97, Chapter 3 (mainly 97-3-25 through 97-3-47), aggravated DUI causing death (63-11-30(5)), and the other state statutes that grade an offense by a resulting death, such as fleeing a police officer, leaving the scene of a fatal crash and impaired boating. It does not cover murder or capital murder sentencing (see how long a life sentence is in Mississippi and our overview of murder sentencing guidelines), self-defense (see Mississippi self-defense laws), civil claims by surviving family (see Mississippi wrongful death law), or federal offenses, which the manslaughter laws hub covers.

What is manslaughter in Mississippi?

Rather than defining manslaughter once, the code lists circumstances, and each section ends with the same words: the killing "shall be manslaughter." The general statute, 97-3-47, sweeps in everything the other sections do not:

"Every other killing of a human being, by the act, procurement, or culpable negligence of another, and without authority of law, not provided for in this title, shall be manslaughter." Miss. Code 97-3-47

The specific manslaughter sections include:

• Heat of passion (97-3-35): a killing without malice, in the heat of passion, but in a cruel or unusual manner or by the use of a dangerous weapon.
• Killing during a felony (97-3-27): a killing without malice, by act, procurement or culpable negligence, while the killer is committing or attempting a felony other than those listed in 97-3-19(2)(e) and (f).
• Killing during a misdemeanor (97-3-29): the same, during a crime or misdemeanor not amounting to a felony, "where such killing would be murder at common law."
• Killing while resisting a crime (97-3-31): unnecessarily killing another while resisting an attempt to commit a felony or unlawful act, or after the attempt has failed.
• Killing a trespasser (97-3-33): the involuntary killing, by act, procurement or culpable negligence, of a person engaged in a trespass or other injury to private rights or property, or an attempt to commit one.
• Intoxicated physician or other person (97-3-39): administering a poison, drug or medicine, or performing surgery, while intoxicated and without a design to effect death, where the act causes death.
• Dangerous animal (97-3-45): an owner who, knowing a mischievous animal's propensity, wilfully lets it go at large or keeps it without ordinary care, where it kills a person who took reasonable precautions to avoid it.

The chapter also keeps older sections on overloaded boats (97-3-41) and steamboat or railroad engines (97-3-43). Section 97-3-37 extends "human being" in most of these sections (97-3-27, -29, -33, -35, -45 and -47) to an unborn child (see below).

Mississippi manslaughter and homicide offenses at a glance

Mississippi has no felony classes. Section 1-3-11 defines the term: "The term 'felony,' when used in any statute, shall mean any violation of law punished with death or confinement in the penitentiary." Each manslaughter row above takes its penalty from 97-3-25, quoted here in full for subsection (1):

"(1) Except as otherwise provided in this section, any person convicted of manslaughter shall be fined in a sum not less than Five Hundred Dollars ($500.00), or imprisoned in the county jail not more than one (1) year, or both, or in the custody of the Department of Corrections not less than two (2) years, nor more than twenty (20) years." Miss. Code 97-3-25(1)

The two years in that sentence is the floor of the state-custody option, not a mandatory minimum for every conviction: the same sentence also authorizes the fine and county-jail alternative. Our page on how Mississippi classifies felonies and misdemeanors explains the punishment-based definition in more detail.

Section 97-3-2(1)(d) lists manslaughter "as provided in Sections 97-3-27, 97-3-29, 97-3-31, 97-3-33, 97-3-35, 97-3-39, 97-3-41, 97-3-43, 97-3-45 and 97-3-47" as a crime of violence, and 97-3-2(1)(a) lists aggravated DUI under 63-11-30(5) and DUI child endangerment under 63-11-30(12)(d).

Heat-of-passion manslaughter (the closest thing to voluntary manslaughter)

The statute reads:

"The killing of a human being, without malice, in the heat of passion, but in a cruel or unusual manner, or by the use of a dangerous weapon, without authority of law, and not in necessary self-defense, shall be manslaughter." Miss. Code 97-3-35

Three limits are built into that sentence. The killing must be without malice; it must be in a cruel or unusual manner or with a dangerous weapon; and it must not be in necessary self-defense. The statute does not define "heat of passion." The Mississippi Supreme Court supplied the definition in Nolan v. State, 61 So. 3d 887 (Miss. 2011), a plurality opinion:

"[A] state of violent and uncontrollable rage engendered by a blow or certain other provocation given, which will reduce homicide from the grade of murder to that of manslaughter. Passion or anger suddenly aroused at the time by some immediate and reasonable provocation, by words or acts of one at the time. The term includes an emotional state of mind characterized by anger, rage, hatred, furious resentment or terror." Nolan v. State, quoting Tait v. State, 669 So. 2d 85, 89 (Miss. 1996)

The same opinion held that whether a sufficient "cooling off" period passed between the provocation and the killing is a question of fact.

A separate section makes some killings excusable rather than manslaughter. Section 97-3-17 provides that a killing "shall be excusable: When committed by accident and misfortune in doing any lawful act by lawful means, with usual and ordinary caution, and without any unlawful intent; When committed by accident and misfortune, in the heat of passion, upon any sudden and sufficient provocation; When committed upon any sudden combat, without undue advantage being taken, and without any dangerous weapon being used, and not done in a cruel or unusual manner."

Panic defense. Mississippi has no statute limiting a provocation claim based on the victim's sexual orientation or gender identity. Section 97-3-35 contains no such language, and no act from 2021 through 2026 amended it or the penalty section. Self-defense and other justifications are covered on our Mississippi self-defense laws page.

General manslaughter and culpable negligence (the closest thing to involuntary manslaughter)

Section 97-3-47 does not require intent. Its mental state, "culpable negligence," is not defined in the code; the Mississippi Supreme Court restated its definition in Shumpert v. State, 935 So. 2d 962 (Miss. 2006), quoting Evans v. State (1990):

"manslaughter by culpable negligence is 'such gross negligence ... as to evince a wanton or reckless disregard for the safety of human life, or such an indifference to the consequences of an act under the surrounding circumstances as to render such conduct tantamount to willfulness.' ... The only requirement is recklessness or a willful disregard for an unreasonable risk." Shumpert v. State, 935 So. 2d 962 (Miss. 2006), quoting Evans v. State, 562 So. 2d 91, 95 (Miss. 1990)

The court added that a recognized distinction between manslaughter by culpable negligence and depraved-heart murder "concerns the degree of mental culpability."

In Nolan, Justice Randolph's concurring opinion described general manslaughter as "tied historically to common-law involuntary manslaughter," and said it "does not require intent." A dissenting opinion in the same case, restating an earlier Court of Appeals decision, put the contrast this way: "Heat-of-passion manslaughter, although committed through sudden provocation, requires that the defendant act with intent. General manslaughter does not require intent, but rather includes theories of accident or negligence." That passage is from the dissent, not the controlling opinion.

Child homicide. Section 97-3-25(2) creates a heavier tier inside manslaughter. A person is guilty of child homicide if found guilty of manslaughter "in circumstances where the killing, although without malice, was intentional and not accidental," and "the perpetrator was over the age of twenty-one (21) years and the victim was a child under the age of eighteen (18) years." The sentence is imprisonment in the custody of the Department of Corrections "for a term not to exceed thirty (30) years."

Vehicular homicide and DUI deaths in Mississippi

Mississippi's code contains no offense named vehicular homicide, vehicular manslaughter or DUI manslaughter. The main death offenses involving a vehicle include aggravated DUI, DUI child endangerment resulting in a child's death, fleeing a police officer resulting in death, and leaving the scene of a fatal crash. The general manslaughter statute, 97-3-47, reaches any killing by culpable negligence, and its text is not limited to a particular means.

Aggravated DUI causing death

Section 63-11-30(5)(a) provides that a person "who operates any motor vehicle in violation of the provisions of subsection (1) of this section and who in a negligent manner causes the death of another" is "guilty of a separate felony for each victim." The person "shall be committed to the custody of the State Department of Corrections for a period of time of not less than five (5) years and not to exceed twenty-five (25) years for each death."

More points from the same subsection:

• Two elements. Under 63-11-30(5)(a)(i), the statute requires both a DUI violation under 63-11-30(1) and negligent operation that causes the death.
• Multiple victims. For a second or later conviction, the court decides whether the prison term runs consecutively or concurrently.
• Bail. "Any person charged with causing the death of another as described in this subsection shall be required to post bail before being released after arrest."
• Under-21 drivers. Since July 1, 2024 (House Bill 292, 2024), 63-11-30(5)(a)(ii) applies the same 5-to-25-year range for each death to a driver below the legal age to purchase alcoholic beverages who has an alcohol concentration of 0.08 percent or more and negligently causes a death.
• Ignition interlock. The court must order an ignition-interlock restriction of up to 5 years, unless other law requires a longer one, as a condition of probation or post-release supervision (63-11-30(5)(c)).

The same subsection also covers a DUI driver who negligently mutilates, disfigures or permanently disables another person, with the same 5-to-25-year range.

DUI child endangerment. Under 63-11-30(12), a person over 21 who drives under the influence while transporting a child under 16 commits the separate offense of endangering a child, which is not merged with the DUI. Where the violation "results in the serious injury or death of a child," it is a felony punishable by a fine of at least $10,000 and 5 to 25 years (63-11-30(12)(d)).

For DUI penalties when no one is hurt, see Mississippi DUI laws.

Fleeing or eluding an officer resulting in death

Under 97-9-72(4), a person who violates subsection (1), fleeing or eluding a law enforcement officer in a motor vehicle, where the "violation results in the death of another," shall be committed to the custody of the Department of Corrections for not less than seven nor more than 40 years. Senate Bill 2101 (2023) raised the minimum from five years to seven, effective July 1, 2023, so a death before that date carries the older 5-to-40-year range.

Leaving the scene of a fatal crash

Section 63-3-401(4) makes it a felony for a driver involved in an accident that results in a death to willfully fail to stop or comply with subsection (1), punishable by "not less than five (5) nor more than twenty (20) years, or by fine of not less than One Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars ($10,000.00), or by both." Under 63-3-401(5), "The commissioner shall revoke the driver's license of any person convicted under this section." Our Mississippi hit-and-run laws page covers the duties after a crash.

Other driving offenses and a death

Reckless driving (63-3-1201) and driving while a licence is suspended or revoked (63-1-57, 63-11-40) carry no separate tier for a death. Racing is a misdemeanor under 63-3-1215, with a fine of up to $1,000, up to six months, or both (63-3-1215(4)), and under 63-3-502 for a first or second offense. A third or later conviction within 5 years under 63-3-502 for racing on a street or highway is a felony punishable by 1 to 5 years and a fine of $2,000 to $5,000; the sentence may be served in county jail only where the offense did not result in serious injury or death, and the licence is suspended for at least 5 years.

Boating under the influence causing death

Section 59-23-7(4) applies the same structure to watercraft. A person who operates a watercraft in violation of subsection (1) "and who in a negligent manner causes the death of another" is guilty of a felony and "shall be committed to the custody of the Department of Corrections for a period of time not to exceed ten (10) years." The statute sets no minimum term.

Unborn victims

Section 97-3-37(1) provides that, for the offenses it lists, "the term 'human being' includes an unborn child at every stage of gestation from conception until live birth." Its list includes heat-of-passion manslaughter (97-3-35), homicide by a dangerous animal (97-3-45) and "all other homicides" under 97-3-47. Section 97-3-37(2)(a) separately makes it a felony to intentionally injure a pregnant woman where the conduct results in a miscarriage or stillbirth, punishable by up to 20 years, a fine of up to $7,500, or both. Section 97-3-37(3) excludes legal medical procedures performed by a licensed physician, including legal abortions. The list in 97-3-37(1) does not include aggravated DUI under 63-11-30(5).

Other offenses graded by a resulting death

• Death from metal or explosives placed in timber (97-3-93): the offender "shall be guilty of manslaughter," punished under the manslaughter penalty section, 97-3-25.
• Speeding in a highway work zone causing death (63-3-516(5)): a separate felony for each victim, 3 to 15 years for each death.
• Fentanyl delivery resulting in death (41-29-139.1, Parker's Law): knowingly delivering fentanyl in exchange for anything of value where a death results; 20 years to life and a fine of at least $10,000.
• Felonious abuse or battery of a child (97-5-39(2)): 5 years to life; a killing during that felony is capital murder under 97-3-19(2)(f), not manslaughter. See our overview of murder laws in the United States.
• Aiding or encouraging suicide (97-3-49): up to 10 years, or a fine of up to $1,000 and up to 1 year in county jail.
• Hazing (97-3-105): a misdemeanor with no death tier, up to $2,000, up to 6 months in county jail, or both; the section does not bar prosecution under other criminal laws.
• Abuse or battery of a vulnerable person (43-47-19(3)): up to 20 years, with no separate death tier.

Sentencing rules that apply to these offenses

• Crimes of violence and parole. The manslaughter sections listed in 97-3-2(1)(d), aggravated DUI and DUI child endangerment resulting in death (97-3-2(1)(a)), and injuring a pregnant woman under 97-3-37(2)(a) are crimes of violence. Under 97-3-2(2), "No person convicted of a crime of violence listed in this section is eligible for parole or for early release from the custody of the Department of Corrections until the person has served at least fifty percent (50%) of the sentence imposed by the court." The parole statute, as worded by Senate Bill 2821 (2026), makes a person sentenced for a violent offense defined in 97-3-2 eligible for parole only after serving 50 percent or 20 years, whichever is less, and requires a Parole Board hearing before release (47-7-3(1)(h)).
• Habitual offenders. A person with two prior felony convictions from separate incidents, each with a separate sentence of 1 year or more, must receive the maximum term unless the court explains a lower sentence, with no reduction, suspension, parole or probation (99-19-81). If the person served both prior terms and any one of the felonies was a crime of violence, the sentence is life without parole, probation or other early release (99-19-83). Under 47-7-3(1)(a), no person sentenced as a confirmed and habitual criminal is eligible for parole, except as those sections provide.
• Firearm. Using or displaying a firearm during any felony adds 5 years that cannot be reduced or suspended, or 10 years run consecutively for a convicted felon (97-37-37).
• Bias and first-responder enhancement. If the offense was committed because of the victim's actual or perceived race, color, ancestry, ethnicity, religion, national origin or gender, or the victim's actual or perceived employment as a law enforcement officer, firefighter or emergency medical technician, and the jury makes the required findings after notice, the penalty may be enhanced up to twice the authorized term, fine, or both (99-19-301 to 99-19-307).

Recent changes and bills that did not pass

• Fleeing deaths (2023). Senate Bill 2101 raised the minimum for fleeing or eluding resulting in death from five to seven years, effective July 1, 2023.
• Under-21 aggravated DUI (2024). House Bill 292 became law without the Governor's signature and, effective July 1, 2024, added the 63-11-30(5)(a)(ii) tier for a driver under the legal drinking age at 0.08 percent or more.
• Parker's Law made permanent (2025). The fentanyl-delivery-death offense, created in 2022 with a repeal date of July 1, 2025, lost that repealer under Senate Bill 2200, approved by the Governor on March 12, 2025 and effective June 30, 2025.
• Bills that died. House Bill 1312 (2025) would have added incitement to suicide to manslaughter, and House Bill 1324 and Senate Bill 2140 (2026) would have created an "aggravated manslaughter" offense. All three died in committee and are not law.

The manslaughter penalty section was last amended by Laws 2013, ch. 379, effective July 1, 2013.

Federal manslaughter

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

Related

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

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

Last updated: 2026-10-17.

Frequently Asked Questions

What is manslaughter in Mississippi?

Mississippi does not define one offense. Several sections of Title 97, Chapter 3 say a killing 'shall be manslaughter', including a killing without malice in the heat of passion with a dangerous weapon or in a cruel or unusual manner (97-3-35) and every other killing by act, procurement or culpable negligence not provided for elsewhere in the title (97-3-47).

Is manslaughter a felony in Mississippi?

Mississippi defines a felony as a violation of law punished with death or confinement in the penitentiary (1-3-11). Manslaughter can be punished by 2 to 20 years in Department of Corrections custody, and 97-3-2 lists the manslaughter sections as crimes of violence; the same penalty section also allows a fine of at least $500, up to 1 year in county jail, or both.

What is the sentence for manslaughter in Mississippi?

Under 97-3-25(1), a fine of not less than $500, up to 1 year in county jail, or both, or 2 to 20 years in Department of Corrections custody. Child homicide under 97-3-25(2) carries up to 30 years. Manslaughter is a crime of violence, so a person sentenced to Department of Corrections custody is not eligible for parole or early release until serving at least 50 percent of the sentence (97-3-2(2)).

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

The code does not use those labels. Heat-of-passion manslaughter (97-3-35) covers a killing without malice in the heat of passion with a dangerous weapon or in a cruel or unusual manner; general manslaughter (97-3-47) covers killings by culpable negligence, which the Mississippi Supreme Court has described as gross negligence showing a wanton or reckless disregard for human life (Shumpert v. State, 2006). Both share the penalty in 97-3-25.

What is the charge for a DUI death in Mississippi?

Aggravated DUI under 63-11-30(5)(a): operating a motor vehicle in violation of the DUI statute and in a negligent manner causing the death of another. It is a separate felony for each victim, punishable by 5 to 25 years for each death, and the person charged must post bail before release. Since July 1, 2024, the same range applies to a driver under the legal drinking age with 0.08 percent or more who negligently causes a death (63-11-30(5)(a)(ii)). A driver over 21 who drives under the influence with a child under 16 in the vehicle, where the violation results in the serious injury or death of the child, faces a separate felony with a fine of at least $10,000 and 5 to 25 years (63-11-30(12)(d)).

Does Mississippi have a vehicular manslaughter law?

No section carries that name. A DUI death is aggravated DUI (63-11-30(5)(a)), and a DUI that results in the death of a child passenger under 16 is also DUI child endangerment (63-11-30(12)(d)). The general manslaughter statute, 97-3-47, reaches a killing by culpable negligence and its text is not limited to any particular means.

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

Under 63-3-401(4), a driver involved in an accident resulting in a death who willfully fails to stop or comply with subsection (1) commits a felony punishable by 5 to 20 years, a fine of $1,000 to $10,000, or both. Section 63-3-401(5) requires revocation of the driver's licence.

Does Mississippi ban the gay or trans panic defense?

No. The heat-of-passion statute, 97-3-35, contains no language on sexual orientation or gender identity, and no act from 2021 through 2026 amended it or the manslaughter penalty section.