North Carolina
Manslaughter in North Carolina: Classes, Sentences and DUI Deaths
Independently fact-checked against primary sources (last audited October 18, 2026). · 23 primary sources cited on this page. How we verify our legal content
North Carolina recognizes two kinds of manslaughter, voluntary and involuntary, but its statute does not define either one. N.C. Gen. Stat. 14-18 only sets the punishment: "Voluntary manslaughter shall be punishable as a Class D felony, and involuntary manslaughter shall be punishable as a Class F felony." The elements come from decisions of the North Carolina Supreme Court.
Both forms of manslaughter are felonies, and the prison term depends on the felony class and the person's prior record level under the structured sentencing chart in G.S. 15A-1340.17. A death proximately caused by impaired driving is covered by a separate Chapter 20 offense, felony death by vehicle (G.S. 20-141.4), while a death caused by a non-impaired traffic violation is misdemeanor death by vehicle. 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 North Carolina's state criminal law on homicide below murder: voluntary and involuntary manslaughter (G.S. 14-18), the death-by-vehicle offenses in G.S. 20-141.4 and other Chapter 20 offenses graded by a death, death by impaired boating (G.S. 75A-10.3), death by distribution of certain controlled substances (G.S. 14-18.4) and manslaughter of an unborn child (G.S. 14-23.3 and 14-23.4). It does not cover murder (see how long a life sentence is in North Carolina and our murder sentencing guide), self-defense (see North Carolina self-defense laws), civil lawsuits over a death (see North Carolina wrongful death) or federal offenses, which our manslaughter hub covers.
What is manslaughter in North Carolina?
Manslaughter in North Carolina is a common-law crime with a statutory punishment. The General Statutes name voluntary and involuntary manslaughter and fix their felony classes in G.S. 14-18, a one-sentence section. The code contains no statutory definition of either offense or of heat-of-passion provocation, and no definition of culpable negligence that applies to manslaughter (the definition of "culpably negligent" in G.S. 14-32.2 is limited to the patient-abuse offense). It has no separate offense called criminally negligent homicide or reckless homicide.
The definitions come from the North Carolina Supreme Court. In State v. Wilkerson, 295 N.C. 559 (1978), the court stated both:
"Voluntary manslaughter is the unlawful killing of a human being without malice and without premeditation and deliberation."
"Involuntary manslaughter is the unintentional killing of a human being without either express or implied malice (1) by some unlawful act not amounting to a felony or naturally dangerous to human life, or (2) by an act or omission constituting culpable negligence."
Alongside those two offenses, Chapter 20 sets up its own ladder for deaths caused by driving (death by vehicle), Chapter 75A sets up a parallel ladder for deaths caused by impaired boating, and the Homicide article contains a stand-alone death-by-distribution offense for certain drug deaths. Separate sections cover voluntary and involuntary manslaughter of an unborn child.
Manslaughter and related offenses at a glance
| Offense | Statute | What it requires (plain words) | Class | Presumptive minimum term, Prior Record Level I |
|---|---|---|---|---|
| Voluntary manslaughter | G.S. 14-18; State v. Wilkerson | Unlawful killing without malice or premeditation and deliberation, generally in the heat of passion on adequate provocation or with excessive force in self-defense | Class D felony | 51 to 64 months; active sentence |
| Involuntary manslaughter | G.S. 14-18; State v. Wilkerson | Unintentional killing without malice, by an unlawful act not amounting to a felony or naturally dangerous to life, or by culpable negligence | Class F felony | 13 to 16 months; intermediate or active |
| Felony death by vehicle | G.S. 20-141.4(a1) | Unintentionally causing a death while engaged in impaired driving, with the impaired driving the proximate cause | Class D felony | 51 to 64 months; intermediate punishment authorized at Level I |
| Aggravated felony death by vehicle | G.S. 20-141.4(a5) | The elements above plus a previous impaired-driving conviction within seven years of the offense | Class D felony | Must be sentenced in the aggravated range |
| Repeat felony death by vehicle | G.S. 20-141.4(a6) | A felony or aggravated felony death by vehicle offense by a person with a listed prior conviction based on an impaired-driving death | Class B2 felony | 125 to 157 months |
| Misdemeanor death by vehicle | G.S. 20-141.4(a2) | Unintentionally causing a death while violating a traffic or vehicle law other than impaired driving, with the violation the proximate cause | Class A1 misdemeanor | 1 to 60 days with no prior convictions, up to 1 to 150 days with five or more |
| Felony speeding to elude arrest causing a death | G.S. 20-141.5(b1) | Fleeing or attempting to elude a law enforcement officer in the lawful performance of duties, with the violation the proximate cause of a death | Class H felony; Class E if two or more of the aggravating factors in G.S. 20-141.5(b) were present | Class H: 5 to 6 months; Class E: 20 to 25 months |
| Leaving the scene of a crash with serious bodily injury or death | G.S. 20-166(a) | A driver who knows or reasonably should know of the crash and of the serious bodily injury or death willfully fails to stop and remain at the scene | Class F felony | Must be sentenced in the aggravated range if the crash results in a death |
| Death by impaired boating | G.S. 75A-10.3(a) | Unintentionally causing a death while engaged in impaired boating under G.S. 75A-10(b1), with the impaired boating the proximate cause | Class D felony | 51 to 64 months; intermediate punishment authorized at Level I |
| Aggravated death by impaired boating | G.S. 75A-10.3(d) | The elements above plus a previous impaired-boating conviction within seven years of the offense | Class D felony | Must be sentenced in the aggravated range |
| Repeat death by impaired boating | G.S. 75A-10.3(e) | Death by impaired boating or aggravated death by impaired boating by a person with a listed prior conviction based on an impaired-boating death | Class B2 felony | 125 to 157 months |
| Death by distribution of certain controlled substances | G.S. 14-18.4 | A drug-distribution death offense in the Homicide article | Class C, B2 or B1 felony, depending on the subsection | Depends on class; Class B2 at Level I is 125 to 157 months |
| Voluntary manslaughter of an unborn child | G.S. 14-23.3 | Unborn-victim counterpart of voluntary manslaughter | Class D felony | Same as Class D |
| Involuntary manslaughter of an unborn child | G.S. 14-23.4 | Unborn-victim counterpart of involuntary manslaughter | Class F felony | Same as Class F |
Felony sentences come from the punishment chart in G.S. 15A-1340.17, which sets a presumptive range for the minimum term by felony class (rows) and prior record level (columns, Level I through VI). A separate table in the same section sets the maximum term that corresponds to each minimum. For how North Carolina sentences each felony class more generally, see how North Carolina sentences each felony class.
Is manslaughter a felony in North Carolina, and what is the sentence?
Yes. G.S. 14-18 makes voluntary manslaughter a Class D felony and involuntary manslaughter a Class F felony. The sentence is set by the structured sentencing chart, not by a fixed number of years in the manslaughter statute.
Voluntary manslaughter (Class D). The chart's presumptive minimum-term ranges for Class D run from 51 to 64 months at Prior Record Level I, then 59 to 73, 67 to 84, 78 to 97, 89 to 111 and 103 to 128 months at Levels II through VI. The disposition column for Class D is "A" at every level, meaning an active prison sentence.
Involuntary manslaughter (Class F). The presumptive minimum-term ranges for Class F run from 13 to 16 months at Level I, then 15 to 19, 17 to 21, 20 to 25, 23 to 28 and 26 to 33 months at Levels II through VI. The disposition column is "I/A" at Levels I through III, meaning the court may impose intermediate punishment or an active sentence, and "A" (active only) at Levels IV through VI.
Each prior record level also has an aggravated range, which G.S. 20-141.4(b)(1a) requires for aggravated felony death by vehicle; this page gives only the presumptive figures. G.S. 15A-1340.16 lists aggravating factors, including that the offense was committed against or proximately caused serious injury to a present or former law enforcement officer, firefighter, emergency medical technician or another person in the statute's list.
Voluntary manslaughter and provocation in North Carolina
North Carolina's statutes do not define provocation. The rule is common law. In Wilkerson, the North Carolina Supreme Court described when voluntary manslaughter occurs:
"Generally voluntary manslaughter occurs when one kills intentionally but does so in the heat of passion suddenly aroused by adequate provocation or in the exercise of self-defense where excessive force under the circumstances is employed or where the defendant is the aggressor bringing on the affray. Although a killing under these circumstances is both unlawful and intentional, the circumstances themselves are said to displace malice and to reduce the offense from murder to manslaughter."
So voluntary manslaughter covers two situations under that statement of the law: a killing in the heat of passion on adequate provocation, and a killing in self-defense where the force was excessive or the defendant started the fight. For the rules on when force in self-defense is lawful, see North Carolina self-defense laws.
Who has to produce the evidence. In State v. Weeks, 322 N.C. 152 (1988), the court explained how heat of passion works at trial once the evidence supports a presumption of malice:
"Once the evidence supports a presumption, a defendant, in order to reduce the crime to voluntary manslaughter, has the burden of going forward with or producing some evidence of heat of passion on sudden provocation, or to rely on such evidence as may be present in the State's case. ... Furthermore, if there is any evidence of heat of passion on sudden provocation, either in the State's evidence or offered by the defendant, the trial court must submit the possible verdict of voluntary manslaughter to the jury."
Panic defense. North Carolina has no statute barring a gay or trans panic provocation claim. House Bill 497 of 2025, titled Ban on Gay & Trans Panic Defense, would provide that the discovery of, perception of, or belief about another person's sex, gender, gender identity or sexual orientation "is not a defense to a prosecution under this Article and is not provocation negating malice as an element of murder." A similar Senate bill, Senate Bill 407, was also filed. Both bills were referred to Rules committees in March 2025, and neither has been enacted.
Involuntary manslaughter and culpable negligence
Involuntary manslaughter is an unintentional killing without malice. Under Wilkerson, it has two routes: an unlawful act not amounting to a felony or naturally dangerous to human life, or an act or omission constituting culpable negligence.
The court in Wilkerson added that culpable negligence "may also arise from the 'intentional, wilful or wanton violation of a statute or ordinance, designed for the protection of human life or limb, which proximately results in . . . death.'"
The opinion also quotes the jury instruction given at trial, which describes the line between ordinary carelessness and culpable negligence:
"Mere carelessness or negligence is not enough to carry criminal responsibility but if carelessness or negligence is accompanied by wanton or reckless behavior showing a total disregard for the rights and safety of others, it is culpable negligence, for which one may be criminally responsible."
North Carolina has no separate statutory offense of reckless homicide or criminally negligent homicide.
Vehicular and DUI manslaughter in North Carolina: death by vehicle
North Carolina does not use the terms vehicular manslaughter, DUI manslaughter or vehicular homicide. Chapter 20 instead creates four death-by-vehicle offenses in G.S. 20-141.4. None of the four lists recklessness as an element: the felony forms turn on impaired driving, and the misdemeanor form turns on any other traffic violation. Other Chapter 20 sections, covered below, also grade an offense by a resulting death.
Felony death by vehicle (impaired driving)
Under G.S. 20-141.4(a1), a person commits felony death by vehicle if:
"(1) The person unintentionally causes the death of another person, (2) The person was engaged in the offense of impaired driving under G.S. 20-138.1 or G.S. 20-138.2, and (3) The commission of the offense in subdivision (2) of this subsection is the proximate cause of the death."
It is a Class D felony. The statute adds: "Notwithstanding the provisions of G.S. 15A-1340.17, intermediate punishment is authorized for a defendant who is a Prior Record Level I offender." That is a difference from voluntary manslaughter, which is also Class D but has an active-only disposition on the chart.
The impaired-driving predicate in G.S. 20-138.1(a) can be met by driving on a highway, street or public vehicular area while under the influence of an impairing substance, or after consuming enough alcohol to have an alcohol concentration of 0.08 or more at any relevant time after the driving, among the statute's other alternatives. For impaired-driving penalties when no one dies, see North Carolina DUI laws.
Aggravated felony death by vehicle
Aggravated felony death by vehicle under G.S. 20-141.4(a5) adds one element to felony death by vehicle: "The person has a previous conviction involving impaired driving, as defined in G.S. 20-4.01(24a), within seven years of the date of the offense." It is a Class D felony, but "the court shall sentence the defendant in the aggravated range of the appropriate Prior Record Level" (G.S. 20-141.4(b)(1a)).
Repeat felony death by vehicle
Repeat felony death by vehicle under G.S. 20-141.4(a6) applies when a person commits felony or aggravated felony death by vehicle and has a previous conviction under (a1), under (a5), or under G.S. 14-17 (murder) or 14-18 (manslaughter) where "the basis of the conviction was the unintentional death of another person while engaged in the offense of impaired driving." It is a Class B2 felony. The chart's presumptive minimum-term range for Class B2 at Prior Record Level I is 125 to 157 months.
Misdemeanor death by vehicle
Under G.S. 20-141.4(a2), a person commits misdemeanor death by vehicle if the person unintentionally causes a death while "engaged in the violation of any State law or local ordinance applying to the operation or use of a vehicle or to the regulation of traffic, other than impaired driving under G.S. 20-138.1," and that violation is the proximate cause of the death. It is a Class A1 misdemeanor.
Under the misdemeanor chart in G.S. 15A-1340.23, a Class A1 misdemeanor carries 1 to 60 days for a person with no prior convictions, 1 to 75 days with one to four prior convictions, and 1 to 150 days with five or more, with community, intermediate or active punishment available at each level. The amount of any fine is in the court's discretion.
Manslaughter charges for driving deaths, and the double-prosecution bar
The death-by-vehicle statute does not stop the State from charging manslaughter for a driving death; the repeat-offender subsection itself counts prior G.S. 14-18 manslaughter convictions based on impaired-driving deaths. What it does bar is a second prosecution for the same death. G.S. 20-141.4(c) provides:
"No person who has been placed in jeopardy upon a charge of death by vehicle may be prosecuted for the offense of manslaughter arising out of the same death; and no person who has been placed in jeopardy upon a charge of manslaughter may be prosecuted for death by vehicle arising out of the same death."
Fleeing a law enforcement officer
G.S. 20-141.5 makes it unlawful to operate a motor vehicle while fleeing or attempting to elude a law enforcement officer who is in the lawful performance of duties. Under subsection (b1), when the violation is the proximate cause of a death, it is a Class H felony, or a Class E felony when two or more of the aggravating factors listed in subsection (b) were present. Those factors include speeding more than 15 miles per hour over the limit, reckless driving, driving with a revoked license and driving with a child under 12 in the vehicle.
Driver's license revocation and leaving the scene
G.S. 20-17(a)(1) requires the Division to revoke the license of any driver on receiving a record of a conviction for "Manslaughter (or negligent homicide) resulting from the operation of a motor vehicle." G.S. 20-17(a)(9) also requires revocation on a conviction of any offense under G.S. 20-141.4, including misdemeanor death by vehicle. The length of the revocation is set elsewhere in Chapter 20 and is not covered on this page.
Under G.S. 20-166(a), a driver who knows or reasonably should know that the vehicle is involved in a crash and that the crash has resulted in serious bodily injury or death must stop immediately and remain at the scene until a law enforcement officer completes the investigation or authorizes the driver to leave, unless remaining places the driver or others at significant risk of injury. A willful violation is a Class F felony, and if the crash results in the death of another person, the court must sentence in the aggravated range of the prior record level. For offenses on or after December 1, 2025 (Session Laws 2025-71), a conviction where the crash results in a death also brings permanent revocation of the driver's license, with a new license possible after seven years (G.S. 20-166(e)(2)). For more, see North Carolina hit-and-run laws.
Other homicide offenses below murder in North Carolina
Death by distribution of certain controlled substances (G.S. 14-18.4). This is a stand-alone offense in the Homicide article, separate from manslaughter. Subsection (h) classes the forms: a violation of subsection (a1) is a Class C felony, a violation of subsection (a2) or (b) is a Class B2 felony, and a violation of subsection (c) is a Class B1 felony, "unless the conduct is covered under some other provision of law providing greater punishment."
Death by impaired boating (G.S. 75A-10.3). Unintentionally causing a death while engaged in impaired boating under G.S. 75A-10(b1), where the impaired boating is the proximate cause of the death, is death by impaired boating, a Class D felony for which intermediate punishment is authorized at Prior Record Level I. With a previous impaired-boating conviction within seven years of the offense, it is aggravated death by impaired boating, a Class D felony that must be sentenced in the aggravated range. With a listed prior conviction based on an impaired-boating death, it is repeat death by impaired boating, a Class B2 felony. As with death by vehicle, a person placed in jeopardy on a charge of death by impaired boating may not be prosecuted for manslaughter arising out of the same death, and the reverse (G.S. 75A-10.3(g)).
Manslaughter of an unborn child (G.S. 14-23.3 and 14-23.4). Article 6A of Chapter 14 contains voluntary manslaughter of an unborn child, a Class D felony, and involuntary manslaughter of an unborn child, a Class F felony, matching the classes for manslaughter of a person who has been born.
Other offenses graded by a resulting death.
- Street racing that causes serious bodily injury or death (G.S. 20-141.3(c3)): Class G felony, for offenses on or after December 1, 2025.
- Violating the move-over law and causing serious injury or death to a law enforcement officer, firefighter or other listed emergency responder in the immediate area of the emergency or public service vehicle (G.S. 20-157(i)): Class F felony.
- Willfully passing a stopped school bus and striking a person, resulting in that person's death (G.S. 20-217(g)): Class H felony with a minimum fine of $2,500.
- Abuse of a patient of a health care facility or a resident of a residential care facility where culpably negligent conduct proximately causes the death (G.S. 14-32.2(b)(2)): Class E felony; Class C where intentional conduct proximately causes the death.
- Willfully engaging in a riot and causing a death in the course of the riot (G.S. 14-288.2(c2)): Class E felony.
Second-degree murder, for comparison. A killing with malice is murder, not manslaughter. Second-degree murder under G.S. 14-17(b) is a Class B1 felony, or Class B2 "if the malice necessary to prove second degree murder is based on an inherently dangerous act or omission, done in such a reckless and wanton manner as to manifest a mind utterly without regard for human life and social duty and deliberately bent on mischief." Murder is outside the scope of this page.
Recent changes
The legislative history note for G.S. 14-18 ends with Session Laws 1997-443, and the note for the death-by-vehicle statute ends with Session Laws 2012-165. The death-by-distribution statute was enacted by Session Laws 2019-83. Session Laws 2023-123, for offenses on or after December 1, 2023, added the unlawful-delivery form (Class C) and the delivery-with-malice form (Class B2) and removed an element from the two sale forms.
Session Laws 2025-71, for offenses on or after December 1, 2025, created the Class G felony of street racing causing serious bodily injury or death (G.S. 20-141.3(c3)) and made license revocation permanent, with a new license possible after seven years, for a leaving-the-scene conviction where the crash results in a death (G.S. 20-166(e)(2)).
The pending 2025 panic-defense bills described above are proposals, not law.
Federal law
Federal law (18 U.S.C. 1112) separately covers manslaughter on federal land and in other areas of federal jurisdiction; see our manslaughter hub for the federal layer.
Related North Carolina pages
- Manslaughter laws by state
- North Carolina felony and misdemeanor classes
- North Carolina DUI laws
- North Carolina self-defense laws
- North Carolina hit-and-run laws
- Murder vs. homicide vs. manslaughter
This article provides general legal information about North Carolina criminal law as of 2026-10-17. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in North Carolina.
Last updated: 2026-10-17.
Frequently Asked Questions
Is manslaughter a felony in North Carolina?
Yes. G.S. 14-18 makes voluntary manslaughter a Class D felony and involuntary manslaughter a Class F felony. The prison term comes from the felony punishment chart in G.S. 15A-1340.17 and depends on the person's prior record level.
How much time is voluntary manslaughter in North Carolina?
Voluntary manslaughter is a Class D felony. Under the chart in G.S. 15A-1340.17, the presumptive range for the minimum term is 51 to 64 months at Prior Record Level I, rising to 103 to 128 months at Level VI, with an active sentence at every level. An aggravated range also exists at each level.
How much time is involuntary manslaughter in North Carolina?
Involuntary manslaughter is a Class F felony. The presumptive range for the minimum term is 13 to 16 months at Prior Record Level I, rising to 26 to 33 months at Level VI, and the court may impose intermediate punishment instead of prison at Levels I through III (G.S. 15A-1340.17).
What is the difference between voluntary and involuntary manslaughter in North Carolina?
Under State v. Wilkerson (1978), voluntary manslaughter is an unlawful killing without malice and without premeditation and deliberation, generally an intentional killing in the heat of passion on adequate provocation or with excessive force in self-defense. Involuntary manslaughter is an unintentional killing without malice, by an unlawful act not amounting to a felony or naturally dangerous to life, or by culpable negligence.
What is the charge for killing someone while driving drunk in North Carolina?
Unintentionally causing a death while engaged in impaired driving, where the impaired driving is the proximate cause, is felony death by vehicle, a Class D felony (G.S. 20-141.4(a1)). With a prior impaired-driving conviction within seven years it is aggravated felony death by vehicle, and with a qualifying prior impaired-driving death conviction it is repeat felony death by vehicle, a Class B2 felony.
Is a fatal crash without impaired driving a crime in North Carolina?
It can be. Unintentionally causing a death while violating a traffic or vehicle law other than impaired driving, where the violation is the proximate cause of the death, is misdemeanor death by vehicle, a Class A1 misdemeanor (G.S. 20-141.4(a2)).
Can someone be charged with both manslaughter and death by vehicle in North Carolina?
Not in successive prosecutions for the same death. G.S. 20-141.4(c) provides that a person placed in jeopardy on a charge of death by vehicle may not be prosecuted for manslaughter arising out of the same death, and the reverse.
Does North Carolina ban the gay or trans panic defense?
No statute does. House Bill 497 and Senate Bill 407 of 2025 would provide that a belief about another person's sex, gender, gender identity or sexual orientation is not a defense and is not provocation negating malice, but both were referred to Rules committees in March 2025 and neither has been enacted.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
North Carolina General Statutes, Chapter 14: Criminal Law.
§ 14-18Punishment for manslaughterIn forcecited in 2 of our articles
Voluntary manslaughter shall be punishable as a Class D felony, and involuntary manslaughter shall be punishable as a Class F felony. (4 Hen. VII, s. 13; 1816, c. 918, P.R.; R.C., c. 34, s. 24; 1879, c. 255; Code, s. 1055; Rev., s. 3632; C.S., s. 4201; 1933, c. 249; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1993, c. 539, s. 112; 1994, Ex. Sess., c. 24, s. 14(c); 1997-443, s. 19.25(q).)
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ncleg.gov
Cited in 45 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Blackmon (Supreme Court of North Carolina 1963, 260 N.C. 352)“…from the scene of said felony,'" etc. C.S. 4201 *884 (now G.S. § 14-18), prior to the enactment of Chapter 249…”
- State v. Stimpson (Supreme Court of North Carolina 1971, 279 N.C. 716)“…date (April 10, 1933) of Chapter 249, Public Laws of 1933, G.S. 14-18 provided that manslaughter, whether vol…”
- State v. Walters (Supreme Court of North Carolina 1978, 294 N.C. 311)“…ved that he be permitted to read to the jury G.S. 14-17 and G.S. 14-18, including the statutory provisions per…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: How Long Is a Life Sentence in North Carolina? (2026 Guide)
§ 14-18.4Death by distribution of certain controlled substances; aggravated death by distribution of certain controlled substances; penaltiesIn force
(a) Legislative Intent. - The General Assembly recognizes that deaths due to the opioid epidemic are devastating families and communities across North Carolina. The General Assembly finds that the opioid crisis is overwhelming medical providers engaged in the lawful distribution of controlled substances and is straining prevention and treatment efforts. Therefore, the General Assembly enacts this law to encourage effective intervention by the criminal justice system to hold illegal drug dealers accountable for criminal conduct that results in death. (a1) Death by Distribution Through Unlawful Delivery of Certain Controlled Substances. - A person is guilty of death by distribution through unlawful delivery of certain controlled substances if all of the following requirements are met: (1) The person unlawfully delivers at least one certain controlled substance. (2) The ingestion of the certain controlled substance or substances causes the death of the user. (3) The commission of the offense in subdivision (1) of this subsection was the proximate cause of the victim's death. (a2) Death by Distribution Through Unlawful Delivery with Malice of Certain Controlled Substances.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ncleg.gov
§ 14-23.3Voluntary manslaughter of an unborn child; penaltyIn force
(a) A person is guilty of the separate offense of voluntary manslaughter of an unborn child if the person unlawfully causes the death of an unborn child by an act that would be voluntary manslaughter if it resulted in the death of the mother. (b) Penalty. - Any person who commits an offense under this section shall be guilty of a Class D felony.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ncleg.gov
§ 14-23.4Involuntary manslaughter of an unborn child; penaltyIn force
(a) A person is guilty of the separate offense of involuntary manslaughter of an unborn child if the person unlawfully causes the death of an unborn child by an act that would be involuntary manslaughter if it resulted in the death of the mother. (b) Penalty. - Any person who commits an offense under this section shall be guilty of a Class F felony.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ncleg.gov
§ 14-17Murder in the first and second degree defined; punishmentIn forcecited in 2 of our articles
(a) A murder which shall be perpetrated by means of a nuclear, biological, or chemical weapon of mass destruction as defined in G.S. 14-288.21, poison, lying in wait, imprisonment, starving, torture, or by any other kind of willful, deliberate, and premeditated killing, or which shall be committed in the perpetration or attempted perpetration of any arson, rape or a sex offense, robbery, kidnapping, burglary, or other felony committed or attempted with the use of a deadly weapon shall be deemed to be murder in the first degree, a Class A felony, and any person who commits such murder shall be punished with death or imprisonment in the State's prison for life without parole as the court shall determine pursuant to G.S. 15A-2000, except that any such person who was under 18 years of age at the time of the murder shall be punished in accordance with Part 2A of Article 81B of Chapter 15A of the General Statutes.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ncleg.gov
North Carolina General Statutes, Chapter 20: Motor Vehicles.
§ 20-141.4Felony and misdemeanor death by vehicle; felony serious injury by vehicle; aggravated offenses; repeat felony death by vehicleIn forcecited in 2 of our articles
(a) Repealed by Session Laws 1983, c. 435, s. 27. (a1) Felony Death by Vehicle. - A person commits the offense of felony death by vehicle if: (1) The person unintentionally causes the death of another person, (2) The person was engaged in the offense of impaired driving under G.S. 20-138.1 or G.S. 20-138.2, and (3) The commission of the offense in subdivision (2) of this subsection is the proximate cause of the death. (a2) Misdemeanor Death by Vehicle. - A person commits the offense of misdemeanor death by vehicle if: (1) The person unintentionally causes the death of another person, (2) The person was engaged in the violation of any State law or local ordinance applying to the operation or use of a vehicle or to the regulation of traffic, other than impaired driving under G.S. 20-138.1, and (3) The commission of the offense in subdivision (2) of this subsection is the proximate cause of the death. (a3) Felony Serious Injury by Vehicle. - A person commits the offense of felony serious injury by vehicle if: (1) The person unintentionally causes serious injury to another person, (2) The person was engaged in the offense of impaired driving under G.S. 20-138.1 or G.S.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ncleg.gov
Cited in 64 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Mumford (Supreme Court of North Carolina 2010, 364 N.C. 394)“…impaired driving under G.S. 20-138.1 or G.S. 20-138.2.” N.C.G.S. § 20-141.4(a3) (2009). In this case we first consi…”
- State v. Davis (Supreme Court of North Carolina 2010, 364 N.C. 297)“…e the Court of Appeals, however, defendant claimed that N.C.G.S. § 20-141.4(b) did not authorize his sentences for…”
- State v. Smith (Court of Appeals of North Carolina 1988, 90 N.C. App. 161)“…condition of her probation. Defendant contends that G.S. 20-141.4(a2) is invalid under both the North Car…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: North Carolina Hit and Run Laws: Penalties and What to Do
§ 20-138.1Impaired drivingIn forcecited in 4 of our articles
(a) Offense. - A person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State: (1) While under the influence of an impairing substance; or (2) After having consumed sufficient alcohol that he has, at any relevant time after the driving, an alcohol concentration of 0.08 or more. The results of a chemical analysis shall be deemed sufficient evidence to prove a person's alcohol concentration; or (3) With any amount of a Schedule I controlled substance, as listed in G.S. 90-89, or its metabolites in his blood or urine. (a1) A person who has submitted to a chemical analysis of a blood sample, pursuant to G.S. 20-139.1(d), may use the result in rebuttal as evidence that the person did not have, at a relevant time after driving, an alcohol concentration of 0.08 or more. (b) Defense Precluded. - The fact that a person charged with violating this section is or has been legally entitled to use alcohol or a drug is not a defense to a charge under this section. (b1) Defense Allowed.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ncleg.gov
Cited in 316 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Coker (Supreme Court of North Carolina 1984, 312 N.C. 432)“…n that the citation meets the statutory requirements of N.C.G.S. 20-138.1(c). However, defendant contends that th…”
- State v. Mumford (Supreme Court of North Carolina 2010, 364 N.C. 394)“…n must be “engaged in the offense of impaired driving under G.S. 20-138.1 or G.S. 20-138.2.” N.C.G.S. § 20-141.4(…”
- State Ex Rel. Edmisten v. Tucker (Supreme Court of North Carolina 1984, 312 N.C. 326)“…lina, C-C-83-0809-P) (W.D.N.C.). 4. N.C.G.S. § 20-138.1(a). Impaired driving. Proof of of…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: North Carolina DWI Laws: Penalties, BAC & License (2026), North Carolina Open Container Law (2026): N.C.G.S. 20-138.7, Truck Accident Laws in North Carolina (2026): Deadlines & Liability
§ 20-17Mandatory revocation of license by DivisionIn force
(a) The Division shall forthwith revoke the license of any driver upon receiving a record of the driver's conviction for any of the following offenses: (1) Manslaughter (or negligent homicide) resulting from the operation of a motor vehicle. (2) Either of the following impaired driving offenses: a. Impaired driving under G.S. 20-138.1. b. Impaired driving under G.S. 20-138.2, if the driver's alcohol concentration level was .06 or higher. For the purposes of this sub-subdivision, the driver's alcohol concentration level result, obtained by chemical analysis, shall be conclusive and is not subject to modification by any party, with or without approval by the court. (3) Any felony in the commission of which a motor vehicle is used. (4) Repealed by Session Laws 2025-71, s. 7(a), effective December 1, 2025, and applicable to offenses committed on or after that date. (5) Perjury or the making of a false affidavit or statement under oath to the Division under this Article or under any other law relating to the ownership of motor vehicles.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ncleg.gov
§ 20-166Duty to stop in event of a crash; furnishing information or assistance to injured person, etc.; persons assisting exempt from civil liabilityIn forcecited in 2 of our articles
(a) The driver of any vehicle who knows or reasonably should know: (1) That the vehicle which he or she is operating is involved in a crash; and (2) That the crash has resulted in serious bodily injury, as defined in G.S. 14-32.4, or death to any person; shall immediately stop the driver's vehicle at the scene of the crash. The driver shall remain with the vehicle at the scene of the crash until a law-enforcement officer completes the investigation of the crash or authorizes the driver to leave and the vehicle to be removed, unless remaining at the scene places the driver or others at significant risk of injury. Prior to the completion of the investigation of the crash by a law enforcement officer, or the consent of the officer to leave, the driver may not facilitate, allow, or agree to the removal of the vehicle from the scene for any purpose other than to call for a law enforcement officer, to call for medical assistance or medical treatment as set forth in subsection (b) of this section, or to remove oneself or others from significant risk of injury.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ncleg.gov
Cited in 52 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Fearing (Supreme Court of North Carolina 1981, 304 N.C. 499)“…upon the essential elements of a hit-and-run offense under G.S. 20-166. This identical issue, concerning the a…”
- Branch v. Dempsey (Supreme Court of North Carolina 1965, 265 N.C. 733)“…ns. He was performing no duty imposed by law upon Simons. G.S. § 20-166 requires the driver of a vehicle, invol…”
- State v. Duvall (Supreme Court of North Carolina 1981, 304 N.C. 557)“…e essential elements of the hit-and-run offense *559 under G.S. 20-166 because the judges did not correctly ex…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
North Carolina General Statutes, Chapter 15A: Criminal Procedure Act.
§ 15A-1340.17Punishment limits for each class of offense and prior record levelIn forcecited in 9 of our articles
(a) Offense Classification; Default Classifications. - The offense classification is as specified in the offense for which the sentence is being imposed. If the offense is a felony for which there is no classification, it is a Class I felony. (b) Fines. - Any judgment that includes a sentence of imprisonment may also include a fine. If a community punishment is authorized, the judgment may consist of a fine only. Additionally, when the defendant is other than an individual, the judgment may consist of a fine only. Unless otherwise provided, the amount of the fine is in the discretion of the court. (c) Punishments for Each Class of Offense and Prior Record Level; Punishment Chart Described. - The authorized punishment for each class of offense and prior record level is as specified in the chart below. Prior record levels are indicated by the Roman numerals placed horizontally on the top of the chart. Classes of offense are indicated by the letters placed vertically on the left side of the chart.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ncleg.gov
Cited in 330 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Allen (Supreme Court of North Carolina 2005, 359 N.C. 425)“…entence from the ranges presented in the chart found in N.C.G.S. § 15A-1340.17(c). Id. (emphasis added). This ho…”
- State v. Lucas (Supreme Court of North Carolina 2001, 353 N.C. 568)“…imits for each class of offense and prior record level, N.C.G.S. § 15A-1340.17(c), (e) (1999), the trial court sentenc…”
- State v. Green (Supreme Court of North Carolina 1998, 348 N.C. 588)“…e imprisonment. N.C.G.S. § 14-1.1 (1986) (superseded by N.C.G.S. § 15A-1340.17 (1997) (making life imprisonment mandat…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: North Carolina Smart Glasses Recording Laws 2026, North Carolina AI Meeting Recording Laws (2026), North Carolina Surveillance Camera Laws (2026 Guide)
§ 15A-1340.23Punishment limits for each class of offense and prior conviction levelIn forcecited in 4 of our articles
(a) Offense Classification; Default Classifications. - The offense classification is as specified in the offense for which the sentence is being imposed. If the offense is a misdemeanor for which there is no classification, it is as classified in G.S. 14-3. (b) Fines. - Any judgment that includes a sentence of imprisonment may also include a fine. Additionally, when the defendant is other than an individual, the judgment may consist of a fine only. If a community punishment is authorized, the judgment may consist of a fine only. Unless otherwise provided for a specific offense, the maximum fine that may be imposed is two hundred dollars ($200.00) for a Class 3 misdemeanor and one thousand dollars ($1,000) for a Class 2 misdemeanor. The amount of the fine for a Class 1 misdemeanor and a Class A1 misdemeanor is in the discretion of the court. (c) Punishment for Each Class of Offense and Prior Conviction Level; Punishment Chart Described. - Unless otherwise provided for a specific offense, the authorized punishment for each class of offense and prior conviction level is as specified in the chart below.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ncleg.gov
Cited in 70 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. White (Court of Appeals of North Carolina 2011, 213 N.C. App. 181)“…e disposition that is not authorized by G.S. 15A-1340.17 or G.S. 15A-1340.23 for the defendant's class of offense an…”
- State v. Desperados, Inc. (Court of Appeals of North Carolina 2006, 180 N.C. App. 378)“…the maximum fine is greater than fifty dollars ($50.00). N.C. Gen.Stat. § 15A-1340.23(c) (2005) provides, " Unless otherwise…”
- State v. Hutton (Court of Appeals of North Carolina 2015, 244 N.C. App. 128)“…that is not authorized by G.S. 15A-1340.17 or G.S. 15A-1340.23 for the defendant’s class…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: North Carolina Ring Doorbell Laws: What You Need to Know in 2026, North Carolina Assault and Battery Laws: Charges and Penalties (2026), North Carolina Felony Classes and Misdemeanor Sentences (2026)
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Sources and References
- N.C. Gen. Stat. 14-18, Punishment for manslaughter(ncleg.gov).gov
- North Carolina Supreme Court, State v. Wilkerson, 295 N.C. 559 (1978)(courtlistener.com)
- N.C. Gen. Stat. 20-141.4, Felony and misdemeanor death by vehicle(ncleg.gov).gov
- N.C. Gen. Stat. 15A-1340.17, Punishment limits for each class of offense and prior record level(ncleg.gov).gov
- N.C. Gen. Stat. 14-18.4, Death by distribution of certain controlled substances(ncleg.gov).gov
- N.C. Gen. Stat. 14-23.3, Voluntary manslaughter of an unborn child; penalty(ncleg.gov).gov
- N.C. Gen. Stat. 14-23.4, Involuntary manslaughter of an unborn child(ncleg.gov).gov
- N.C. Gen. Stat. 15A-1340.16, aggravating factors in felony sentencing(ncleg.gov).gov
- North Carolina Supreme Court, State v. Weeks, 322 N.C. 152 (1988)(courtlistener.com)
- North Carolina General Assembly, House Bill 497 (2025), Ban on Gay & Trans Panic Defense(ncleg.gov).gov
- North Carolina General Assembly, Senate Bill 407 (2025)(ncleg.gov).gov
- N.C. Gen. Stat. 20-138.1, Impaired driving(ncleg.gov).gov
- N.C. Gen. Stat. 15A-1340.23, Punishment limits for each class of offense and prior conviction level(ncleg.gov).gov
- N.C. Gen. Stat. 20-17, mandatory revocation of license(ncleg.gov).gov
- N.C. Gen. Stat. 20-166, Duty to stop in event of a crash(ncleg.gov).gov
- N.C. Gen. Stat. 14-17, murder (second-degree murder punishment)(ncleg.gov).gov
- 18 U.S.C. 1112, Manslaughter(govinfo.gov).gov
- N.C. Gen. Stat. 75A-10.3, Death or serious injury by impaired boating(ncleg.gov).gov
- N.C. Gen. Stat. 20-141.5, Speeding to elude arrest(ncleg.gov).gov
- N.C. Gen. Stat. 20-141.3, Unlawful racing on streets and highways(ncleg.gov).gov
- N.C. Gen. Stat. 20-157, Approach of law enforcement, fire department or rescue squad vehicles(ncleg.gov).gov
- N.C. Gen. Stat. 20-217, Motor vehicles to stop for properly marked and designated school buses(ncleg.gov).gov
- N.C. Gen. Stat. 14-32.2, Patient abuse and neglect(ncleg.gov).gov
- N.C. Gen. Stat. 14-288.2, Riot; inciting to riot(ncleg.gov).gov
- North Carolina Session Law 2025-71 (Senate Bill 311)(ncleg.gov).gov
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