North Dakota Manslaughter and Vehicular Homicide Laws (2026)

North Dakota has one offense named manslaughter: under N.D.C.C. 12.1-16-02, a person "is guilty of manslaughter, a class B felony, if he recklessly causes the death of another human being," which carries up to 10 years, a fine of up to $20,000, or both. A negligent killing is negligent homicide (12.1-16-03), a class C felony with a maximum of 5 years, and a death caused by impaired driving is criminal vehicular homicide (39-08-01.2), a class A felony with a mandatory minimum of three years.

For the rules in 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 North Dakota statutes on homicide below murder: manslaughter and negligent homicide (N.D.C.C. 12.1-16-02 and 12.1-16-03), the culpability definitions in 12.1-02-02, the unborn-child offenses (chapter 12.1-17.1), criminal vehicular homicide (39-08-01.2), homicide while fleeing a peace officer (12.1-17-12), leaving the scene of a fatal crash (39-08-04), the fatal-overdose distribution offense (19-03.1-22.6), and the sentencing rules in chapter 12.1-32. It reflects laws enacted through the 2025 regular session. From the September 2026 special session, House Bill 1628, signed and filed with the secretary of state on September 4, 2026, and effective on filing, added kratom alkaloid derivatives to Schedule I, so delivering them can fall under the controlled-substance death provisions described below; other 2026 special-session laws are not covered. It does not cover murder sentencing (see how long a life sentence is in North Dakota and our overview of murder sentencing guidelines), self-defense (see North Dakota self-defense laws), civil lawsuits by surviving family (see North Dakota wrongful death law), or federal offenses, which the manslaughter laws hub covers.

What is manslaughter in North Dakota?

North Dakota's homicide chapter, N.D.C.C. chapter 12.1-16, defines manslaughter in one sentence:

"12.1-16-02. Manslaughter. A person is guilty of manslaughter, a class B felony, if he recklessly causes the death of another human being." N.D.C.C. 12.1-16-02

The next section covers deaths caused with a lower mental state:

"12.1-16-03. Negligent homicide. A person is guilty of a class C felony if he negligently causes the death of another human being." N.D.C.C. 12.1-16-03

Those are the only homicide offenses below murder in chapter 12.1-16. The chapter's other sections cover murder (12.1-16-01), assisting suicide (12.1-16-04) and procedure. North Dakota does not divide manslaughter into degrees, and it has no offense named voluntary or involuntary manslaughter.

What reckless and negligent mean

The difference between manslaughter and negligent homicide is the mental state, and both terms are defined "For the purposes of this title" (Title 12.1, the criminal code) in N.D.C.C. 12.1-02-02(1):

"c. "Recklessly" if he engages in the conduct in conscious and clearly unjustifiable disregard of a substantial likelihood of the existence of the relevant facts or risks, such disregard involving a gross deviation from acceptable standards of conduct, except that, as provided in section 12.1-04-02, awareness of the risk is not required where its absence is due to self-induced intoxication. d. "Negligently" if he engages in the conduct in unreasonable disregard of a substantial likelihood of the existence of the relevant facts or risks, such disregard involving a gross deviation from acceptable standards of conduct." N.D.C.C. 12.1-02-02(1)(c)-(d)

A reckless disregard is "conscious and clearly unjustifiable"; a negligent one is "unreasonable." Both must be a gross deviation from acceptable standards of conduct. The intoxication rule appears in N.D.C.C. 12.1-04-02(2): "A person is reckless with respect to an element of an offense even though his disregard thereof is not conscious, if his not being conscious thereof is due to self-induced intoxication."

In State v. Anderson, 336 N.W.2d 634 (N.D. 1983), a manslaughter prosecution of a driver who drove the wrong way on an interstate, the North Dakota Supreme Court stated the standard: "In order that conduct be considered reckless it must create a high degree of risk of which the actor is actually aware. State v. Trieb, 315 N.W.2d 649 (N.D.1982). However, awareness of the risk is not required where its absence is due to self-induced intoxication." The appeal itself concerned an order suppressing blood and urine test results, which the court affirmed.

North Dakota manslaughter and homicide offenses at a glance

The ranges come from N.D.C.C. 12.1-32-01: a class A felony carries "a maximum penalty of twenty years' imprisonment, a fine of twenty thousand dollars, or both"; a class B felony "ten years' imprisonment, a fine of twenty thousand dollars, or both"; and a class C felony "five years' imprisonment, a fine of ten thousand dollars, or both." These are the ordinary maximums; section 12.1-32-01 states that it "shall not be construed to forbid sentencing under section 12.1-32-09, relating to extended sentences." Our guide to how North Dakota sentences each felony class explains the class system in more detail.

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

Yes. Manslaughter is a class B felony (up to 10 years) and negligent homicide is a class C felony (up to 5 years). Criminal vehicular homicide is a class A felony (up to 20 years), so an impaired-driving death carries a higher maximum than a reckless killing charged as manslaughter.

Extended sentences for habitual and dangerous special offenders

Under N.D.C.C. 12.1-32-09, the court may impose an extended sentence on a habitual offender, an adult previously convicted of "two felonies committed at different times when the offender was an adult," or on a dangerous special offender, a category that includes an offender who "used a firearm, dangerous weapon, or destructive device in the commission of the offense or during the flight therefrom." The extended maximum is life imprisonment for a class A felony (such as criminal vehicular homicide), 20 years for a class B felony (such as manslaughter) and 10 years for a class C felony (such as negligent homicide) (12.1-32-09(2)). The prosecutor must file a notice before trial or the acceptance of a guilty plea, and a hearing is held before sentence is imposed (12.1-32-09(3), (4)).

The 85 percent rule

Manslaughter is one of the offenses listed in N.D.C.C. 12.1-32-09.1(1). "Except as provided under section 12-48.1-02 and pursuant to rules adopted by the department of corrections and rehabilitation," an offender convicted of a listed crime "and who receives a sentence of imprisonment is not eligible for release from confinement on any basis until eighty-five percent of the sentence imposed by the court has been served or the sentence is commuted." Negligent homicide (12.1-16-03) and criminal vehicular homicide (39-08-01.2) are not on that list.

Armed-offender minimums

N.D.C.C. 12.1-32-02.1 requires a prison term "served without benefit of parole" in the circumstances its subsection 1 lists, which include an offender who, in the course of committing an offense, "inflicts or attempts to inflict bodily injury upon another, threatens or menaces another with imminent bodily injury with a dangerous weapon, explosive, destructive device, or firearm." The requirement "applies only when possession of a dangerous weapon, explosive, destructive device, or firearm has been charged and admitted or found to be true in the manner provided by law." The minimum is four years for a class AA, A or B felony (which includes manslaughter) and two years for a class C felony (which includes negligent homicide).

Offender registration

A violation of chapter 12.1-16, which includes manslaughter and negligent homicide, is a "crime against a child" when the victim is a minor (N.D.C.C. 12.1-32-15(1)(a)). For a crime against a child, the court must require the person to register, although it may deviate if it first finds the person "has not previously been convicted as a sexual offender or for a crime against a child, and the individual did not exhibit mental abnormality or predatory conduct in the commission of the offense" (12.1-32-15(2)(c)). For any other crime against another individual, the court may order registration if it determines "that registration is warranted by the nature of the crime" (12.1-32-15(2)(d)).

Probation

Under N.D.C.C. 12.1-32-02(1), every person convicted of an offense who is sentenced by the court must be sentenced to one or a combination of the listed alternatives, which include probation and a term of imprisonment; the manslaughter and negligent homicide sections do not restrict those alternatives. Supervised probation "may not extend for more than five years for a felony offense subject to section 12.1-32-09.1," which includes manslaughter, and three years for most other felonies (12.1-32-06.1(2)). Criminal vehicular homicide is different: its mandatory minimum applies, and "The sentence under this section may not be suspended unless the court finds that manifest injustice would result from the imposition of the sentence" (39-08-01.2(3)).

Voluntary manslaughter and provocation in North Dakota

North Dakota has no voluntary manslaughter. A killing in the circumstances other states treat as voluntary manslaughter stays within the murder statute, at a lower class. Under N.D.C.C. 12.1-16-01(2):

"2. A person is guilty of murder, a class A felony, if the person causes the death of another human being under circumstances which would be class AA felony murder, except that the person causes the death under the influence of extreme emotional disturbance for which there is reasonable excuse. The reasonableness of the excuse must be determined from the viewpoint of a person in that person's situation under the circumstances as that person believes them to be. An extreme emotional disturbance is excusable, within the meaning of this subsection only, if it is occasioned by substantial provocation, or a serious event, or situation for which the offender was not culpably responsible." N.D.C.C. 12.1-16-01(2)

So extreme emotional disturbance with reasonable excuse changes the grade of murder from class AA to class A; it does not make the killing manslaughter. Murder sentencing is outside this page.

No panic-defense limit. Section 12.1-16-01 contains no provision about the victim's sexual orientation or gender identity, and no regular legislative session from 2015 through 2025 amended chapter 12.1-16. Self-defense and justification are covered on our North Dakota self-defense laws page.

Criminal vehicular homicide and DUI deaths in North Dakota

North Dakota has no offense named DUI manslaughter or vehicular manslaughter. A death caused by an impaired driver is criminal vehicular homicide:

"1. An individual is guilty of criminal vehicular homicide if the individual commits an offense under section 39-08-01 or equivalent ordinance and as a result the individual causes a death of another individual to occur, including the death of an unborn child, unless the individual who causes the death of the unborn child is the mother. A violation of this subsection is a class A felony. If an individual commits a violation under this subsection, the court shall impose at least three years' imprisonment. If the individual violates this section after having been previously convicted of a violation of section 39-08-01 or 39-08-03, or equivalent ordinance, the court shall impose at least ten years' imprisonment. An individual may not be prosecuted and found guilty of this and an offense under chapter 12.1-16 if the conduct arises out of the same incident." N.D.C.C. 39-08-01.2(1)

The underlying offense in 39-08-01(1)(a) covers a person who drives or is in actual physical control of a vehicle on a highway or a public or private area open to public vehicular use when any of these apply:

• an alcohol concentration of "at least eight one-hundredths of one percent by weight" at the time of a chemical test within two hours after driving or being in actual physical control;
• being "under the influence of intoxicating liquor";
• being under the influence of any drug or substance, or combination of them, "to a degree which renders that person incapable of safely driving";
• being under the combined influence of alcohol and any other drugs or substances to that degree; or
• refusing to submit to the chemical testing that subsection lists.

Under 39-08-01(1)(b), being legally entitled to use alcohol or other drugs "is not a defense," but "It is an affirmative defense that a drug was used only as directed or cautioned by a practitioner who legally prescribed or dispensed the drug to that person."

Key sentencing points for criminal vehicular homicide:

• Mandatory minimum: at least three years' imprisonment, or at least ten years after a prior conviction under 39-08-01 or 39-08-03 (or an equivalent ordinance).
• No suspension: the sentence "may not be suspended unless the court finds that manifest injustice would result" (39-08-01.2(3)).
• One conviction per incident: a person may not be found guilty of both criminal vehicular homicide and a chapter 12.1-16 offense (manslaughter or negligent homicide) for conduct arising out of the same incident.

Two 2025 acts, House Bill 1206 (2025 Session Laws chapter 365) and House Bill 1503 (chapter 366), amended 39-08-01.2. The homicide subsection's wording is unchanged by them; their changes concern subsection 2, criminal vehicular injury.

Driving deaths without impairment. A reckless driving death falls under manslaughter (12.1-16-02), and a negligent one under negligent homicide (12.1-16-03). Racing and exhibition driving under 39-08-03.1 are fee-assessed violations with no form graded by a death.

Licence revocation. Under N.D.C.C. 39-06-31(2)(a), the director "shall revoke for a period of one year or for a period as may be recommended by the trial court" the licence of an individual convicted of "A felony in which a motor vehicle was used in the commission of the felony," and the revocation "may be beyond any time of imprisonment or court-ordered addiction treatment" (39-06-31(3)). For impaired-driving penalties when no one dies, see North Dakota DUI laws.

Fleeing police

Homicide while fleeing a peace officer sits in the assault chapter: "A person is guilty of a class A felony if that person negligently causes the death of another or a class B felony if that person negligently causes serious bodily injury to another while in violation of section 39-10-71" (N.D.C.C. 12.1-17-12). Fleeing or attempting to elude a peace officer under 39-10-71 is itself a class A misdemeanor for a first offense, and a class C felony for a subsequent offense within three years, when the driver flees during or after the commission of a felony, or when the driver willfully operates the vehicle in a manner constituting "an inherent risk of death or serious bodily injury to a third person."

Leaving the scene of a fatal crash

"Any person negligently failing to comply with the requirements of this section under circumstances involving death is guilty of a class B felony" (N.D.C.C. 39-08-04(2)), and "The director shall revoke the license or permit to drive or nonresident operating privilege of a person convicted under this section" (39-08-04(3)). Our North Dakota hit-and-run laws page covers the driver's duties.

Other homicide offenses below murder

Unborn victims. Chapter 12.1-17.1 mirrors the homicide chapter for an unborn child. "A person is guilty of manslaughter of an unborn child, a class B felony, if the person recklessly causes the death of an unborn child" (12.1-17.1-03), and "A person is guilty of negligent homicide of an unborn child, a class C felony, if the person negligently causes the death of an unborn child" (12.1-17.1-04). In this chapter, "person" does not include the pregnant woman (12.1-17.1-01(2)), and the chapter does not apply to acts or omissions during an abortion performed by or under the supervision of a licensed physician to which the pregnant woman has consented, or to acts or omissions under usual and customary standards of medical practice during diagnostic or therapeutic treatment performed by or under the supervision of a licensed physician (12.1-17.1-07). The chapter also has a murder offense for an unborn child (12.1-17.1-02), and criminal vehicular homicide expressly includes the death of an unborn child unless the individual who causes it is the mother.

Fatal overdoses. A 2023 act (Senate Bill 2248, 2023 Session Laws chapter 209) created N.D.C.C. 19-03.1-22.6. An individual is guilty of causing death or injury by distributing a controlled substance "if the individual willfully delivers a controlled substance, or supplies another to deliver or consume a controlled substance, and an individual dies or is injured from overdosing after consuming a portion of that controlled substance," a class A felony. The section "does not limit a conviction under chapter 12.1-16, but an individual may not be found guilty of this section and an offense under chapter 12.1-16 if the conduct arises out of the same course of conduct."

Separately, a delivery offense under 19-03.1-23 is raised one class when the defendant "sells, distributes, delivers, or conspires to deliver a controlled substance to an individual which results in the death of the individual due to the use of that controlled substance and the death of the individual would not have occurred in the absence of the defendant's conduct" (N.D.C.C. 19-03.1-23.1(1)(e)). A class B felony delivery becomes a class A felony, a class C felony delivery a class B felony, and a class A misdemeanor delivery a class C felony (19-03.1-23.1(2)). This provision "does not apply to an individual who is immune from prosecution under section 19-03.1-23.4."

Other offenses graded by a resulting death

• Endangerment of a child or vulnerable adult by a controlled substance, resulting in death, N.D.C.C. 19-03.1-22.2(3): knowingly or intentionally causing or permitting the exposure, ingestion, inhalation or contact, where it results in the death of the child or vulnerable adult; class A felony, unless a greater penalty is otherwise provided by law. It is an affirmative defense that the controlled substance was provided by lawful prescription for the child or vulnerable adult and administered in accordance with the prescription instructions (19-03.1-22.2(4)).
• Assisting suicide, N.D.C.C. 12.1-16-04(1): class C felony. A person who, "through deception, coercion, or duress, willfully causes the death of another person by suicide is guilty of a class AA felony" (12.1-16-04(2)).

Recent changes

• September 4, 2026: House Bill 1628 (September 2026 special session), effective on filing with the secretary of state, added kratom alkaloid derivatives to Schedule I.
• 2023: Senate Bill 2248 (2023 Session Laws chapter 209) created the fatal-overdose distribution offense in 19-03.1-22.6, a class A felony.
• 2025: House Bills 1206 and 1503 amended 39-08-01.2; the criminal vehicular homicide subsection's wording did not change.
• No regular session from 2015 through 2025 amended the manslaughter or negligent homicide sections (12.1-16-02, 12.1-16-03).

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
• North Dakota felony and misdemeanor classes
• North Dakota DUI laws
• North Dakota hit-and-run laws
• What is the difference between murder, homicide and manslaughter
• Minnesota manslaughter laws
• South Dakota manslaughter laws

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

Last updated: 2026-10-17.

Frequently Asked Questions

Is manslaughter a felony in North Dakota?

Yes. Manslaughter is a class B felony under N.D.C.C. 12.1-16-02, with a maximum of 10 years, a $20,000 fine, or both (12.1-32-01(3)); an extended sentence of up to 20 years is possible for a habitual or dangerous special offender (12.1-32-09). Negligent homicide is a class C felony (12.1-16-03).

How much of a manslaughter sentence must be served in North Dakota?

Under N.D.C.C. 12.1-32-09.1(1), an offender convicted of manslaughter who receives a sentence of imprisonment is not eligible for release on any basis until 85 percent of the sentence has been served or the sentence is commuted, except as provided under 12-48.1-02 and department of corrections rules.

Does North Dakota have voluntary and involuntary manslaughter?

No. North Dakota has one manslaughter offense, recklessly causing a death (12.1-16-02), and negligent homicide for a negligent killing (12.1-16-03). A killing under extreme emotional disturbance with reasonable excuse is class A murder, not manslaughter (12.1-16-01(2)).

What is the difference between manslaughter and negligent homicide in North Dakota?

Manslaughter requires recklessness, a conscious and clearly unjustifiable disregard of a substantial likelihood of the relevant risks; negligent homicide requires an unreasonable disregard of that likelihood. Both require a gross deviation from acceptable standards of conduct (12.1-02-02(1)).

What is the charge for a DUI death in North Dakota?

Criminal vehicular homicide under N.D.C.C. 39-08-01.2, a class A felony with a maximum of 20 years. The court must impose at least three years, or at least ten years if the person was previously convicted under 39-08-01 or 39-08-03.

Is selling drugs that cause an overdose death a crime in North Dakota?

Yes. Under N.D.C.C. 19-03.1-22.6, created in 2023, willfully delivering a controlled substance where an individual dies or is injured from overdosing after consuming a portion of it is a class A felony. It cannot be combined with a chapter 12.1-16 conviction for the same course of conduct. Separately, a delivery offense that results in the individual's death is raised one class under 19-03.1-23.1(1)(e), except for a person immune under 19-03.1-23.4.

Does North Dakota ban the gay or trans panic defense?

No such provision appears in the homicide chapter. The murder statute (12.1-16-01) contains no limit based on the victim's sexual orientation or gender identity, and no regular session from 2015 through 2025 amended chapter 12.1-16.