Missouri Manslaughter Laws: Voluntary, Involuntary and DWI Deaths

Missouri's manslaughter offenses are voluntary manslaughter (RSMo 565.023), a class B felony punishable by 5 to 15 years, and involuntary manslaughter in the first degree (565.024), recklessly causing a death, a class C felony punishable by 3 to 10 years, and in the second degree (565.027), causing a death with criminal negligence, a class E felony punishable by up to 4 years. Missouri has no offense called vehicular manslaughter or DUI manslaughter: a death caused by an intoxicated driver acting with criminal negligence is graded under the driving-while-intoxicated statute, RSMo 577.010, which since August 28, 2026 (House Bill 1740) makes it a class B or class A felony with a 5-year or 10-year minimum before parole or probation.

For how other states define and punish these offenses, 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 Missouri statutes on homicide below murder: voluntary manslaughter and involuntary manslaughter in the first and second degree (RSMo 565.023, 565.024, 565.027), the chapter 565 definitions and lesser-offense rules, driving or boating while intoxicated causing death (577.010, 577.013), aggravated fleeing causing death (575.151), leaving the scene of a fatal accident (577.060), delivery of a controlled substance causing death (579.022), and the sentencing statutes tied to them. It does not cover murder sentencing (see how long a life sentence is in Missouri and our overview of murder sentencing guidelines), self-defense (see Missouri self-defense laws), civil lawsuits by surviving family (see Missouri wrongful death law), city ordinances, or federal offenses, which the manslaughter laws hub covers.

What is manslaughter in Missouri?

Missouri uses the voluntary and involuntary labels and divides involuntary manslaughter into two degrees. The difference between the offenses is the defendant's mental state.

Voluntary manslaughter is a killing that would otherwise be second-degree murder, mitigated by sudden passion, and it also covers assisting a suicide:

"1. A person commits the offense of voluntary manslaughter if he or she: (1) Causes the death of another person under circumstances that would constitute murder in the second degree under subdivision (1) of subsection 1 of section 565.021, except that he or she caused the death under the influence of sudden passion arising from adequate cause; or (2) Knowingly assists another in the commission of self-murder. 2. The defendant shall have the burden of injecting the issue of influence of sudden passion arising from adequate cause under subdivision (1) of subsection 1 of this section. 3. The offense of voluntary manslaughter is a class B felony." RSMo 565.023

Involuntary manslaughter in the first degree is a reckless killing. Under RSMo 565.024.1, a person commits it "if he or she recklessly causes the death of another person."

Involuntary manslaughter in the second degree is a criminally negligent killing. Under RSMo 565.027.1, a person commits it "if he or she acts with criminal negligence to cause the death of any person."

All of these are felonies. Missouri's code has no misdemeanor manslaughter grade.

Missouri manslaughter and related death offenses at a glance

The prison ranges come from RSMo 558.011.1, which sets the authorized terms for each felony class: 10 to 30 years or life for class A, 5 to 15 years for class B, 3 to 10 years for class C, up to 7 years for class D and up to 4 years for class E. The fine ceiling in RSMo 558.002.1(1) is $10,000 "for a class C, D, or E felony"; that list does not name class A or class B felonies. For how Missouri sentences each class across all offenses, see Missouri felony and misdemeanor classes.

Voluntary manslaughter: sudden passion and adequate cause

Voluntary manslaughter is Missouri's provocation offense. It applies only to a death that would otherwise be second-degree murder under 565.021.1(1), and only when the death was caused "under the influence of sudden passion arising from adequate cause." The chapter 565 definitions in RSMo 565.002 supply both terms:

"(1) "Adequate cause", cause that would reasonably produce a degree of passion in a person of ordinary temperament sufficient to substantially impair an ordinary person's capacity for self-control; ... (15) "Sudden passion", passion directly caused by and arising out of provocation by the victim or another acting with the victim which passion arises at the time of the offense and is not solely the result of former provocation;" RSMo 565.002

Three features of the text matter:

• The provocation must come from the victim or someone acting with the victim, and the passion must arise at the time of the offense, not solely from earlier provocation.
• The test is an ordinary person's, a cause that would reasonably produce enough passion "in a person of ordinary temperament" to substantially impair self-control.
• The defendant carries the burden of injecting the issue of sudden passion (565.023.2).

Missouri's voluntary manslaughter statute and the chapter 565 definitions contain no provision addressing the victim's sexual orientation or gender identity; Missouri has no statute of the kind some states enacted to bar a "gay panic" or "trans panic" provocation claim.

The second form of voluntary manslaughter, knowingly assisting another in the commission of self-murder (565.023.1(2)), has no passion element.

Self-defense and justification are separate questions; Missouri self-defense laws covers them.

Involuntary manslaughter: recklessness and criminal negligence

Missouri's general culpable-mental-state statute, RSMo 562.016, defines the two mental states that separate the degrees of involuntary manslaughter:

"4. A person "acts recklessly" or is reckless when he or she consciously disregards a substantial and unjustifiable risk that circumstances exist or that a result will follow, and such disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation. 5. A person "acts with criminal negligence" or is criminally negligent when he or she fails to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow, and such failure constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation." RSMo 562.016

So the first degree (reckless) requires that the person was aware of the risk and consciously disregarded it, while the second degree (criminal negligence) applies when the person failed to be aware of the risk. Both require a gross deviation from the standard of care of a reasonable person.

Officer-targeted killings. Each degree goes up one class when "the victim is intentionally targeted as a law enforcement officer, as defined in section 556.061, or the victim is targeted because he or she is a relative within the second degree of consanguinity or affinity to a law enforcement officer": involuntary manslaughter in the first degree becomes a class B felony (565.024.2) and in the second degree a class D felony (565.027.2).

Lesser offenses of murder. Under RSMo 565.029.2, the lesser degree offenses of second-degree murder are voluntary manslaughter under 565.023.1(1), involuntary manslaughter in the first degree and involuntary manslaughter in the second degree. Subsection 3 adds that "no instruction on a lesser included offense shall be submitted unless requested by one of the parties or the court."

Vehicular manslaughter and DWI deaths in Missouri

Missouri's code has no offense named vehicular manslaughter, vehicular homicide or DUI manslaughter. Deaths caused by driving fall under the general manslaughter statutes or under offenses in the traffic and public-safety chapters.

Driving while intoxicated causing death (577.010)

A death caused by an intoxicated driver is a graded form of driving while intoxicated. House Bill 1740 (2026), effective August 28, 2026, rewrote the grades. As codified now:

"(6) A class B felony if: (a) The defendant is a habitual offender; or (b) While driving while intoxicated, the defendant acts with criminal negligence to cause the death of another person; (7) A class A felony if: (a) While driving while intoxicated, the defendant acts with criminal negligence to cause the death of any person; (b) The defendant has previously been found guilty of an offense under paragraph (a) or (b) of subdivision (6) of this subsection and is found guilty of a subsequent violation of this section." RSMo 577.010.2

The statute attaches mandatory prison time to both death tiers. Under 577.010.8, an offender found guilty under paragraph (6)(b) "shall not be eligible for parole or probation until he or she has served a minimum of five years' imprisonment." Under 577.010.9, an offender found guilty under subdivision (7) is not eligible "until he or she has served a minimum of ten years' imprisonment."

The same act created Bentley and Mason's Law: when a person convicted of driving while intoxicated caused the death of a child's parent or guardian, the surviving parent or guardian can petition for a court order requiring the convicted person to pay child maintenance, and a civil judgment obtained first for the child bars the order.

Two points in the text deserve care:

• "Another person" and "any person." Paragraph (6)(b) grades a criminally negligent death of "another person" as a class B felony, and paragraph (7)(a) grades a criminally negligent death of "any person" as a class A felony. The statute does not explain which deaths fall under which wording. The House's truly agreed summary of the bill repeats the same split: death of another person is "a class B felony," and death of any person is "a class A felony."
• The mental state is criminal negligence, not recklessness. The State must show that the intoxicated driver acted with criminal negligence to cause the death, using the 562.016 definition above.

Offenses before August 28, 2026. The prior version of 577.010.2, in force from August 28, 2017, graded a criminally negligent DWI death of another person as a class C felony. It made the offense a class B felony when the death was of a law enforcement officer or emergency personnel, of any person not a passenger in the defendant's vehicle, of two or more persons, or of any person while the defendant had a blood alcohol content of at least eighteen-hundredths of one percent. A class A tier applied to a defendant previously found guilty under one of those class B paragraphs. Offenses committed before the 2026 act took effect follow that grading.

Licence consequences. RSMo 302.060(10) bars the state from issuing a licence "to any person who has been found guilty of acting with criminal negligence while driving while intoxicated to cause the death of another person." The same subdivision allows a person so convicted to petition the circuit court after five years from the date of the last conviction, and the court orders a licence only on the findings the statute lists. RSMo 302.309 separately bars a limited driving privilege for a person convicted of that offense. For DWI penalties when no one died, see Missouri DUI laws.

Sober reckless or negligent driving deaths

When the driver was not intoxicated, the general manslaughter statutes apply, and they contain no vehicle-specific element: recklessly causing a death is involuntary manslaughter in the first degree (class C, 3 to 10 years), and acting with criminal negligence to cause a death is involuntary manslaughter in the second degree (class E, up to 4 years).

Fleeing police: Valentine's Law (575.151)

Since August 28, 2024, Missouri has had a separate offense of aggravated fleeing a stop or detention of a motor vehicle, created by Senate Bill 754 (2024) and titled Valentine's Law. Where a person, "as a result of such flight causes death to another person," the offense "shall be a class A felony" (575.151), carrying 10 to 30 years or life. Before that date, fleeing was charged only under RSMo 575.150, which has no death grade; it is a class A misdemeanor, or a class E felony when "the person fleeing creates a substantial risk of serious physical injury or death to any person." House Bill 495 (2025), effective August 28, 2025, added a provision allowing a vehicle used in a class E felony violation of 575.150 to be impounded and forfeited.

Leaving the scene of a fatal accident (577.060)

Leaving the scene of an accident is "a class D felony if a death has occurred as a result of the accident" (RSMo 577.060.3(3)), carrying up to 7 years. The same section makes it a class E felony when physical injury was caused to another party. See Missouri hit-and-run laws for the duties at a crash scene.

Boating while intoxicated causing death (577.013)

Boating deaths follow a separate track. Under RSMo 577.013.2, boating while intoxicated is a class C felony when "the defendant acts with criminal negligence to cause the death of another person," and a class B felony when the person killed is "a law enforcement officer or emergency personnel." It is a class A felony when the defendant is a habitual boating offender because of an earlier death in the circumstances listed in 577.001(12)(d) "and is found guilty of a subsequent violation of such paragraph" (577.013.2(7)). The 2026 changes to the road-vehicle DWI statute did not change 577.013, so a boating death is now graded one class below the comparable road-vehicle death.

Street racing and stunt driving

House Bill 495 (2025) created an offense of stunt driving in connection with a street takeover (RSMo 304.145), effective August 28, 2025. It is a class B misdemeanor for a first offense, a class A misdemeanor for a second and a class E felony for a third or later offense; the section has no grade based on a resulting death. Driving while revoked (302.321) likewise has no death-based grade.

Other homicide offenses below murder

Delivery of a controlled substance causing death (579.022). A person commits this offense "if a person delivers or distributes a controlled substance under section 579.020 and a death results from the use of such controlled substance." It "shall not be a defense that the user contributed to the user's own death by using the controlled substance or consenting to the administration of the controlled substance by another." The offense is a class A felony, and "controlled substance" here means a Schedule I or Schedule II substance under section 195.017. Senate Bill 754 (2024) created it, and Senate Bill 1421 (2026) amended it effective August 28, 2026.

Unborn children. The revisor's annotation to 565.024 records that in State v. Knapp, 843 S.W.2d 345 (Mo. banc 1992), the Missouri Supreme Court concluded that the definition of "person" in section 1.205, which includes unborn children, applies "at least to this section, the involuntary manslaughter statute."

Assisting a suicide. Knowingly assisting another in the commission of self-murder is a form of voluntary manslaughter (565.023.1(2)), a class B felony.

Other offenses graded by a resulting death

• Abuse or neglect of a child resulting in death: RSMo 568.060.6(2), class A felony "if the child dies as a result of injuries sustained from conduct chargeable under the provisions of this section" (10 to 30 years or life).
• Endangering the welfare of a child in the first degree resulting in the death of a child: RSMo 568.045.2(4), class A felony (10 to 30 years or life).
• Aggravated endangerment of an emergency responder, where the offense results in a responder's death: RSMo 304.894.3, a fine of up to $10,000 and 12 licence points, in addition to any other penalty authorized by law.
• Keeping a dangerous dog, where the attack results in the death of any person: RSMo 578.024.2(3), class D felony (up to 7 years).
• Aggravated endangerment of a highway worker resulting in death: RSMo 304.585.3, a fine of up to $10,000, 12 licence points and licence revocation under 302.304; the section states no felony class.
• Hazing: RSMo 578.365.6 is not graded by a resulting death; it is a class A misdemeanor, or a class D felony where the act creates a substantial risk to the life of the student or member.

Sentencing: minimums, parole and repeat DWI offenders

• No manslaughter offense is on the 85 percent list. RSMo 556.061 defines "dangerous felony" as the felonies "requiring eighty-five percent of the imposed sentence to be served prior to parole eligibility." The list names second-degree murder but not voluntary or involuntary manslaughter. It does name an "intoxication-related traffic offense" or "intoxication-related boating offense" when the person is found to be a "habitual offender" or "habitual boating offender" as defined in section 577.001.
• Prior prison commitments (until January 1, 2028). The version of RSMo 558.019 in force until January 1, 2028 applies to voluntary and involuntary manslaughter (565.023, 565.024, 565.027) and to the DWI and boating statutes (577.010, 577.013). An offender with one previous prison commitment for a felony must serve 40 percent of the sentence, with two previous commitments for unrelated felonies 50 percent, and with three or more 80 percent, each subject to an earlier release point at age 70 stated in the statute.
• Persistent and dangerous offenders. Under RSMo 558.016.7, a person found to be a persistent offender (two or more felonies committed at different times, or a prior dangerous felony) or a dangerous offender who is found guilty of a class B, C, D or E felony is sentenced within the range for the next higher class. For voluntary manslaughter, a class B felony, that is the class A range of 10 to 30 years or life.
• Weapons. A felony committed with a dangerous instrument or deadly weapon is also armed criminal action (RSMo 571.015), an unclassified felony carrying 3 to 15 years (at least 5 years if the person was unlawfully possessing a firearm), served in addition to and consecutive to the sentence for the underlying felony, with no parole or probation for 3 years. Second and later offenses carry higher terms, and armed criminal action is on the 556.061 dangerous-felony list.
• DWI-death minimums. The 5-year and 10-year terms before parole or probation in 577.010.8 and .9 apply "notwithstanding any other provision of law."
• Habitual DWI offenders. Being a habitual offender is itself a class B felony DWI grade (577.010.2(6)(a)), and a later DWI conviction after a finding under (6)(a) or (6)(b) is a class A felony (577.010.2(7)(b)) with the 10-year minimum. A chronic or habitual offender is not eligible for parole or probation until serving 2 years (577.010.6(5)).
• Parole percentages from January 1, 2028. House Bill 2637 and 3155 (2026) rewrites RSMo 558.011 effective January 1, 2028. The new text requires an offender to "serve seventy percent of the imposed sentence prior to parole eligibility" for a class A felony and "fifty percent" for a class B felony. For a class C felony it sets 30, 35 or 50 percent (first, second, third or later conviction), for a class D felony 20, 25 or 50 percent and for a class E felony 15, 20 or 50 percent; convictions requiring sex-offender registration carry a separate figure. That version is not yet in force; the current section sets the ranges without those percentages.

Recent changes

• January 1, 2017: the current text of 565.023 (voluntary manslaughter) and 562.016 (mental states) took effect with the criminal code revision of Senate Bill 491 (2014).
• August 28, 2017: Senate Bill 34 (2017) produced the current versions of 565.024 and 565.027, including the officer-targeting tiers, and of 577.060.
• August 28, 2024: Senate Bill 754 (2024) created aggravated fleeing a stop or detention (Valentine's Law, 575.151) and delivery of a controlled substance causing death (579.022).
• August 28, 2025: House Bill 495 (2025) created the stunt driving offense (304.145) and the vehicle forfeiture provision in 575.150. House Bill 737 and 486 (2025) amended the child abuse statute, 568.060, without changing its death clause.
• August 28, 2026: House Bill 1740 (2026) raised a criminally negligent DWI death from a class C to a class B felony, added the class A tier and created the 5-year and 10-year minimums (577.010). Senate Bill 1421 (2026) amended 579.022.
• Coming: a revised version of the chapter 565 definitions in 565.002 takes effect July 1, 2027 (House Bill 2637 and 3155, with Senate Bill 999, 2026); in it, "sudden passion" moves from subdivision (15) to (18). The 558.011 parole percentages and a further amendment of 568.060 take effect January 1, 2028.

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
• Missouri felony and misdemeanor classes
• Missouri DUI laws
• Missouri hit-and-run laws
• Missouri self-defense laws
• What is the difference between murder, homicide and manslaughter
• Kansas manslaughter laws
• Arkansas manslaughter laws

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

Last updated: 2026-10-17.

Frequently Asked Questions

Is manslaughter a felony in Missouri?

Yes. Voluntary manslaughter is a class B felony (RSMo 565.023.3), involuntary manslaughter in the first degree is a class C felony (565.024.2) and involuntary manslaughter in the second degree is a class E felony (565.027.2), and each involuntary degree is one class higher when the victim is intentionally targeted as a law enforcement officer or targeted as an officer's relative within the second degree.

What is the sentence for voluntary manslaughter in Missouri?

Voluntary manslaughter is a class B felony, and RSMo 558.011.1(2) authorizes a prison term of 5 to 15 years for a class B felony. A persistent or dangerous offender is sentenced in the class A range instead (RSMo 558.016.7).

What is the sentence for involuntary manslaughter in Missouri?

Involuntary manslaughter in the first degree (reckless) is a class C felony, 3 to 10 years and a fine up to $10,000. Involuntary manslaughter in the second degree (criminal negligence) is a class E felony, up to 4 years and a fine up to $10,000 (RSMo 558.011.1, 558.002.1).

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

Voluntary manslaughter is a killing that would be second-degree murder, mitigated by sudden passion arising from adequate cause, or knowingly assisting a suicide (565.023). Involuntary manslaughter is a reckless killing (first degree, 565.024) or a criminally negligent one (second degree, 565.027).

What is the charge for a drunk driving death in Missouri?

It is a graded form of driving while intoxicated under RSMo 577.010.2. For offenses on or after August 28, 2026, a criminally negligent death of another person is a class B felony with no parole or probation before 5 years served, and subdivision (7) sets a class A tier with a 10-year minimum.

Is there vehicular manslaughter in Missouri?

Not by that name. A sober driver who recklessly causes a death can face involuntary manslaughter in the first degree (565.024), a criminally negligent death is involuntary manslaughter in the second degree (565.027), and intoxicated-driving deaths fall under the DWI statute, 577.010.

Is leaving the scene of a fatal accident a felony in Missouri?

Yes. Leaving the scene of an accident is a class D felony if a death has occurred as a result of the accident (RSMo 577.060.3(3)), with a maximum prison term of 7 years.

Is selling drugs that cause a death a crime in Missouri?

Yes. Delivering or distributing a Schedule I or II controlled substance under 579.020 where a death results from its use is delivery of a controlled substance causing death, a class A felony (RSMo 579.022). The user's own contribution to the death is not a defense.