Pennsylvania Manslaughter Laws: Voluntary, Involuntary and DUI Deaths

Pennsylvania's Crimes Code classifies criminal homicide as murder, voluntary manslaughter or involuntary manslaughter (18 Pa.C.S. 2501(b)). Voluntary manslaughter (18 Pa.C.S. 2503) is a killing under a sudden and intense passion resulting from serious provocation, or an intentional killing based on an unreasonable belief that the killing was justified, and it is a felony of the first degree punishable by up to 20 years. Involuntary manslaughter (18 Pa.C.S. 2504), a death caused by an act done in a reckless or grossly negligent manner, is a misdemeanor of the first degree punishable by up to 5 years, and a felony of the second degree when the victim is under 12 and in the care, custody or control of the person who caused the death.

Deaths caused by driving are charged under Vehicle Code offenses including homicide by vehicle (75 Pa.C.S. 3732), a felony of the third degree, and homicide by vehicle while driving under influence (75 Pa.C.S. 3735), a felony of the second or first degree with mandatory minimum prison terms. For how other states grade the same conduct, see our guide to manslaughter laws by state.

Information last verified on October 17, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Pennsylvania criminal statutes on homicide below murder: criminal homicide and its classification (18 Pa.C.S. 2501), voluntary and involuntary manslaughter (2503 and 2504), causing or aiding suicide (2505), drug delivery resulting in death (2506), manslaughter of a law enforcement officer (2507(c) and (d)), homicide by vehicle and homicide by vehicle while driving under influence (75 Pa.C.S. 3732 and 3735), voluntary manslaughter of an unborn child (18 Pa.C.S. 2605), homicide by watercraft (30 Pa.C.S. 5502.1 and 5502.2), leaving the scene of a fatal crash (75 Pa.C.S. 3742), evading arrest on foot resulting in death (18 Pa.C.S. 5104.2), other offenses graded by a resulting death, the culpability definitions in 18 Pa.C.S. 302, and the sentencing provisions in 18 Pa.C.S. 1101, 1103 and 1104, 42 Pa.C.S. 9714 and 75 Pa.C.S. 1532. It does not cover murder (see how long a life sentence is in Pennsylvania and murder sentencing guidelines), self-defense (see Pennsylvania self-defense laws), civil lawsuits over a death (see Pennsylvania wrongful death), or federal offenses (see the manslaughter laws hub).

What is manslaughter in Pennsylvania?

Pennsylvania's homicide chapter, Chapter 25 of Title 18, starts with one definition and one classification. Section 2501 provides:

"(a) Offense defined.-- A person is guilty of criminal homicide if he intentionally, knowingly, recklessly or negligently causes the death of another human being. (b) Classification.-- Criminal homicide shall be classified as murder, voluntary manslaughter, or involuntary manslaughter."

Pennsylvania therefore uses the voluntary and involuntary labels directly. The main offenses below murder are:

• Voluntary manslaughter (18 Pa.C.S. 2503): a killing under a sudden and intense passion resulting from serious provocation, or an intentional or knowing killing based on an unreasonable belief that the killing was justified.
• Involuntary manslaughter (18 Pa.C.S. 2504): a death caused as a direct result of an unlawful or lawful act done in a reckless or grossly negligent manner.
• Manslaughter of a law enforcement officer in the first and second degree (18 Pa.C.S. 2507(c) and (d)), covering the death of an officer in the performance of duty.
• Homicide by vehicle (75 Pa.C.S. 3732) and homicide by vehicle while driving under influence (75 Pa.C.S. 3735), which sit in the Vehicle Code, Title 75, rather than the Crimes Code.
• Drug delivery resulting in death (18 Pa.C.S. 2506), a stand-alone felony in the same chapter that the statute does not call manslaughter.
• Voluntary manslaughter of an unborn child (18 Pa.C.S. 2605), in Chapter 26, which carries the same penalty as voluntary manslaughter.

Chapter 25 contains no separate offense called criminally negligent homicide. Involuntary manslaughter, the lowest homicide grade in the chapter, requires conduct that is reckless or grossly negligent. Chapter 26 of the Crimes Code covers the death of an unborn child. Section 2603(b) classifies criminal homicide of an unborn child as murder of an unborn child or voluntary manslaughter of an unborn child; the chapter has no involuntary-manslaughter form. Voluntary manslaughter of an unborn child (18 Pa.C.S. 2605) covers a killing of an unborn child under a sudden and intense passion resulting from serious provocation by the mother or another person the actor endeavors to kill, when the actor negligently or accidentally causes the death of the unborn child, and an intentional or knowing killing based on an unreasonable belief that the killing was justified. Under 2605(c), "The penalty for voluntary manslaughter of an unborn child shall be the same as the penalty for voluntary manslaughter": a felony of the first degree, up to 20 years.

Is manslaughter a felony in Pennsylvania? Offenses and penalties

Voluntary manslaughter is always a felony. Involuntary manslaughter is a misdemeanor in most cases, and a felony only in the child-victim circumstance section 2504(b) describes. Both vehicle homicide offenses are felonies; homicide by watercraft under 30 Pa.C.S. 5502.2 is a misdemeanor.

The maximum prison terms come from the Crimes Code's sentencing sections. Under 18 Pa.C.S. 1103, a felony of the first degree carries a term "fixed by the court at not more than 20 years," a felony of the second degree not more than ten years, and a felony of the third degree not more than seven years. Under 18 Pa.C.S. 1104(1), a misdemeanor of the first degree carries a definite term of "not more than" five years. Section 1101 sets the fine ceilings: $25,000 for a felony of the first or second degree, $15,000 for a felony of the third degree and $10,000 for a misdemeanor of the first degree. These are statutory maximums; for how Pennsylvania sentences each grade more generally, see Pennsylvania felony and misdemeanor classes.

Voluntary manslaughter: provocation and unreasonable belief

Section 2503 has two forms. The first is the heat-of-passion form in subsection (a):

"(a) General rule.-- A person who kills an individual without lawful justification commits voluntary manslaughter if at the time of the killing he is acting under a sudden and intense passion resulting from serious provocation by: (1) the individual killed; or (2) another whom the actor endeavors to kill, but he negligently or accidentally causes the death of the individual killed."

The provocation must come from the person killed, or from another person the actor was trying to kill when the actor negligently or accidentally killed someone else. Section 2503 does not define "serious provocation."

The second form, in subsection (b), covers a mistaken belief in justification:

"(b) Unreasonable belief killing justifiable.-- A person who intentionally or knowingly kills an individual commits voluntary manslaughter if at the time of the killing he believes the circumstances to be such that, if they existed, would justify the killing under Chapter 5 of this title (relating to general principles of justification), but his belief is unreasonable."

Subsection (c) grades both forms the same way: "Voluntary manslaughter is a felony of the first degree." Chapter 5 of Title 18 (general principles of justification), which subsection (b) refers to, is covered as it applies to self-defense on the Pennsylvania self-defense laws page.

Section 2503 was last amended in 1995 (P.L.1144, No.36, of the 1995 First Special Session). Its text contains no provision addressing a victim's sexual orientation or gender identity as a basis for provocation.

Section 2507(c) carries the same provocation concept into a separate offense when the person killed is a law enforcement officer in the performance of duty and the person knew the victim was an officer. Among the circumstances it lists is that "the person is acting under a sudden and intense passion resulting from serious provocation by the victim killed." It is also a felony of the first degree.

Involuntary manslaughter: reckless or grossly negligent conduct

Section 2504 defines involuntary manslaughter and grades it:

"(a) General rule.-- A person is guilty of involuntary manslaughter when as a direct result of the doing of an unlawful act in a reckless or grossly negligent manner, or the doing of a lawful act in a reckless or grossly negligent manner, he causes the death of another person. (b) Grading.-- Involuntary manslaughter is a misdemeanor of the first degree. Where the victim is under 12 years of age and is in the care, custody or control of the person who caused the death, involuntary manslaughter is a felony of the second degree."

The act can be lawful or unlawful; what matters is the reckless or grossly negligent manner in which it was done and that the death is its direct result. Section 2504 was last amended by P.L.251, No.31, of July 6, 1995.

The Crimes Code's culpability section, 18 Pa.C.S. 302, defines recklessness and negligence:

"(3) A person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that, considering the nature and intent of the actor's conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the actor's situation."

"(4) A person acts negligently with respect to a material element of an offense when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that the actor's failure to perceive it, considering the nature and intent of his conduct and the circumstances known to him, involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation."

The difference is awareness: a reckless person consciously disregards the risk, while a negligent person should be aware of it but is not. Section 302 does not define "gross negligence," the other term section 2504 uses. The Pennsylvania Supreme Court addressed that gap in Commonwealth v. Huggins (2003), discussed below, treating "grossly negligent" as the equivalent of "reckless" for involuntary manslaughter.

The officer version, manslaughter of a law enforcement officer in the second degree (18 Pa.C.S. 2507(d)), applies the same reckless or grossly negligent standard to the death of an officer "while in the performance of duty" where "the person knew or should have known the victim was a law enforcement officer." It is a felony of the second degree.

Vehicular homicide and DUI deaths in Pennsylvania

The main Vehicle Code offenses for a death caused by driving are homicide by vehicle and homicide by vehicle while driving under influence, rather than offenses named vehicular manslaughter or DUI manslaughter. Which one applies depends on whether the death resulted from a violation of the DUI law, section 3802: section 3732 expressly excludes section 3802 violations, and section 3735 covers them.

Homicide by vehicle (75 Pa.C.S. 3732)

Section 3732(a) provides:

"(a) Offense.-- Any person who recklessly or with gross negligence causes the death of another person while engaged in the violation of any law of this Commonwealth or municipal ordinance applying to the operation or use of a vehicle or to the regulation of traffic except section 3802 (relating to driving under influence of alcohol or controlled substance) is guilty of homicide by vehicle, a felony of the third degree, when the violation is the cause of death."

Three things must line up: a reckless or grossly negligent mental state, a violation of a vehicle or traffic law other than DUI, and that violation being the cause of death. A felony of the third degree carries up to 7 years (18 Pa.C.S. 1103(3)).

Section 3732(b) lets a court add more time. Under (b)(1), a person convicted of homicide by vehicle "may be sentenced to an additional term not to exceed five years' confinement if at trial the prosecution proves beyond a reasonable doubt that the offense occurred in an active work zone." Under (b)(1.1), the same additional term of up to five years is available for a person who is also convicted of driving without a required license (section 1501), driving while the operating privilege is suspended or revoked (1543), text-based communications while driving (3316), use of an interactive mobile device (3316.1), the duty on approach of an emergency vehicle (3325), or the duty in emergency response areas and in relation to disabled vehicles (3327).

Homicide by vehicle while driving under influence (75 Pa.C.S. 3735)

Section 3735 covers deaths caused by a DUI violation. It has no recklessness element. Subsection (a)(1) provides that a person "who unintentionally causes the death of another person as the result of a violation of section 3802 (relating to driving under influence of alcohol or controlled substance) and who is convicted of violating section 3802" is guilty of:

• a felony of the second degree, as the base grade;
• a felony of the first degree if, before sentencing, the person has a conviction, adjudication of delinquency or other form of preliminary disposition for an offense under section 3802, former section 3731, an offense that is a felony under the same subchapter, or a substantially similar offense in another jurisdiction (or any combination); or
• a felony of the first degree if the person is also convicted of violating section 3802(h)(1).

Section 3802(h)(1), added by Act 58 of 2025, is driving under the influence within 10 years after completing an Accelerated Rehabilitative Disposition (ARD) program, or a substantially similar diversion program in another jurisdiction, for a DUI offense.

The statute then sets mandatory minimum prison terms:

In the statute's words, a consecutive term "shall be imposed for each victim whose death is the result of a violation of section 3802" (for the (a)(4) tier, "of section 3802(h)(1)"). Subsection (b) adds: "The sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing shall not supersede the mandatory penalty of this section." The maximum terms are those for the grade: up to 10 years for a felony of the second degree and up to 20 years for a felony of the first degree (18 Pa.C.S. 1103).

This is the current text of section 3735. Act 58 of 2025 (P.L.363, No.58), effective immediately on December 22, 2025, amended subsections (a)(1) and (a)(3) and added subsection (a)(4). A death caused before that date was subject to the version in force at the time.

The DUI statute itself, section 3802, sets the impairment and blood-alcohol rules that section 3735 depends on. For those rules and the penalties for a DUI that does not cause a death, see Pennsylvania DUI laws.

License suspension and leaving the scene

Under 75 Pa.C.S. 1532(a.1), a driver's operating privilege is suspended for three years "upon receiving a certified record of the driver's conviction of or an adjudication of delinquency based on a violation of" section 3732 or section 3735.

A driver involved in an accident resulting in a death who fails to stop and remain at the scene as 75 Pa.C.S. 3742(a) requires commits a felony of the second degree, with a mandatory minimum of three years' imprisonment and a mandatory minimum fine of $2,500 (3742(b)(3)(i)); the court may not impose a lesser sentence or place the offender on probation (3742(c)). See Pennsylvania hit-and-run laws.

Other homicide offenses below murder

Drug delivery resulting in death (18 Pa.C.S. 2506). A person commits a felony of the first degree "if the person intentionally administers, dispenses, delivers, gives, prescribes, sells or distributes any controlled substance or counterfeit controlled substance in violation of section 13(a)(14) or (30)" of The Controlled Substance, Drug, Device and Cosmetic Act, "and another person dies as a result of using the substance." Section 2506(b)(1) sets the penalty: "a term of imprisonment which shall be fixed by the court at not more than 40 years," longer than the 20-year ceiling for other first-degree felonies. The statute does not label this offense murder or manslaughter.

Homicide by watercraft (30 Pa.C.S. 5502.1 and 5502.2). A person who unintentionally causes a death as the direct result of operating a watercraft under the influence (section 5502), and who is convicted under section 5502, commits homicide by watercraft while operating under influence, a felony of the second degree. The court must impose a minimum of three years, plus "a consecutive three-year term of imprisonment ... for each victim," and the sentencing guidelines do not supersede that minimum (5502.1(b)). Unintentionally causing a death while violating another boating law or regulation on the operation or equipment of boats, when the violation is the cause of death, is homicide by watercraft, a misdemeanor of the first degree, up to 5 years (5502.2).

Evading arrest on foot resulting in death (18 Pa.C.S. 5104.2(b)(2)). Since Act 95 of 2022 (effective 60 days after July 18, 2022), knowingly and intentionally fleeing on foot from a public servant attempting a lawful arrest or detention for a felony or misdemeanor is a felony of the second degree, up to 10 years, when another person dies as a direct result.

Causing suicide (18 Pa.C.S. 2505(a)). "A person may be convicted of criminal homicide for causing another to die by suicide only if he intentionally causes such suicide by force, duress or deception."

Other offenses graded by a resulting death

• Aiding or soliciting suicide, 18 Pa.C.S. 2505(b): a felony of the second degree if the conduct causes a suicide or an attempted suicide, otherwise a misdemeanor of the second degree.
• Neglect of a care-dependent person, 18 Pa.C.S. 2713(b)(2) and (4): a felony of the first degree if the victim suffers serious bodily injury or death.
• Aggravated hazing, 18 Pa.C.S. 2803: a felony of the third degree when hazing results in serious bodily injury or death and the person acts with reckless indifference or forces consumption of alcohol or a drug.
• Shooting at or causing injury to human beings while hunting or furtaking, 34 Pa.C.S. 2522(b)(3): killing a human being through carelessness or negligence is a misdemeanor of the first degree.
• Move-over violations in an emergency response area or near a disabled vehicle, 75 Pa.C.S. 3327(b.2)(3) and (b.3)(3): a fine of up to $10,000 for causing a death, in addition to any other penalty.

Repeat-offender sentencing

Pennsylvania's second-strike statute reaches several of the offenses on this page. Under 42 Pa.C.S. 9714(a)(1), "Any person who is convicted in any court of this Commonwealth of a crime of violence shall, if at the time of the commission of the current offense the person had previously been convicted of a crime of violence, be sentenced to a minimum sentence of at least ten years of total confinement."

With two or more prior crimes of violence from separate criminal transactions, the minimum is at least 25 years, and the court may impose life without parole if it determines that 25 years "is insufficient to protect the public safety" (9714(a)(2)). A person sentenced to a mandatory minimum under section 9714 receives a maximum sentence equal to twice the minimum, notwithstanding the usual grade maximum in 18 Pa.C.S. 1103 (9714(a.1)).

Section 9714(g) defines "crime of violence" by a list that includes "voluntary manslaughter, manslaughter of a law enforcement officer as defined in 18 Pa.C.S. § 2507(c) or (d)" and "drug delivery resulting in death as defined in 18 Pa.C.S. § 2506(a)," along with murder of the third degree and other offenses outside this article.

Other mandatory minimums on this page include the DUI-death terms in 75 Pa.C.S. 3735, described above, which the sentencing guidelines cannot override, and those for homicide by watercraft while operating under influence (30 Pa.C.S. 5502.1) and leaving the scene of a fatal crash (75 Pa.C.S. 3742(b)(3)).

Recent changes

• December 22, 2025: Act 58 of 2025 (P.L.363, No.58), effective immediately, amended 75 Pa.C.S. 3735(a)(1) and (a)(3) and added (a)(4), the tier for a person also convicted under section 3802(h)(1), the DUI-within-10-years-after-ARD offense the same act added. Offenses committed before that date were subject to the earlier text.
• 2024: Act 18 of 2024 (P.L.366, No.18), approved June 5, 2024 with an effective date 12 months later, amended 75 Pa.C.S. 3732(b)(1.1), the companion-violation sentencing provision, and (b)(3).
• Older sections: voluntary manslaughter (2503) and involuntary manslaughter (2504) were last amended in 1995, and drug delivery resulting in death (2506) in 2014 (P.L.741, No.56).

Leading case: Commonwealth v. Huggins (2003)

In Commonwealth v. Huggins, 575 Pa. 395, 836 A.2d 862 (2003), the Pennsylvania Supreme Court considered what "grossly negligent" means in the involuntary manslaughter statute. The Court wrote:

"we cannot construe the reference to "gross negligence" in Section 2504 as requiring mere proof of the "negligent" (or "criminally negligent") state of mind defined in Section 302. ... this Court has construed the terms "reckless" and "grossly negligent" as defining the equivalent state of mind for purposes of the involuntary manslaughter provision."

The holding means that proof of the negligence defined in section 302(b)(4) is not enough for involuntary manslaughter; the prosecution must prove the state of mind the Court equated with recklessness.

Federal law

Federal law separately punishes manslaughter within the special maritime and territorial jurisdiction of the United States under 18 U.S.C. 1112: up to 15 years for voluntary manslaughter and up to 8 years for involuntary manslaughter. The manslaughter laws hub covers the federal statute.

Related pages

• Manslaughter laws by state
• Pennsylvania felony and misdemeanor classes
• Pennsylvania DUI laws
• Pennsylvania hit-and-run laws
• Pennsylvania self-defense laws
• New Jersey manslaughter laws
• Ohio manslaughter laws

Disclaimer: This article provides general legal information about Pennsylvania law as of October 17, 2026. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Pennsylvania.

Last updated: October 17, 2026.

Frequently Asked Questions

Is involuntary manslaughter a felony in Pennsylvania?

Usually not. Involuntary manslaughter is a misdemeanor of the first degree under 18 Pa.C.S. 2504(b), punishable by up to 5 years (18 Pa.C.S. 1104(1)). It is a felony of the second degree, up to 10 years, where the victim is under 12 and in the care, custody or control of the person who caused the death.

What is the sentence for voluntary manslaughter in Pennsylvania?

Voluntary manslaughter is a felony of the first degree (18 Pa.C.S. 2503(c)), punishable by a term fixed by the court at not more than 20 years (18 Pa.C.S. 1103(1)) and a fine of up to $25,000 (18 Pa.C.S. 1101). A person with a prior conviction for a crime of violence faces a minimum of at least 10 years under 42 Pa.C.S. 9714, and at least 25 years with two or more such prior convictions.

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

Voluntary manslaughter (18 Pa.C.S. 2503) is a killing under a sudden and intense passion resulting from serious provocation, or an intentional killing based on an unreasonable belief that it was justified. Involuntary manslaughter (2504) is a death caused as a direct result of an act done in a reckless or grossly negligent manner.

What is the penalty for a DUI crash that kills someone in Pennsylvania?

Homicide by vehicle while driving under influence (75 Pa.C.S. 3735) is a felony of the second degree with a mandatory minimum of 3 years. With a listed prior offense, such as a prior DUI, it is a felony of the first degree with a 5- or 7-year minimum, and a consecutive term is imposed for each victim whose death results from the DUI violation.

Is homicide by vehicle a felony in Pennsylvania?

Yes. Homicide by vehicle under 75 Pa.C.S. 3732 is a felony of the third degree, punishable by up to 7 years (18 Pa.C.S. 1103(3)), with up to 5 more years available for an active work zone or for listed companion violations under 3732(b).

Does Pennsylvania have criminally negligent homicide?

No offense by that name appears in Chapter 25 of the Crimes Code. Section 2501(b) classifies criminal homicide as murder, voluntary manslaughter or involuntary manslaughter, and involuntary manslaughter requires reckless or grossly negligent conduct.

What happens to a driver's license after a homicide by vehicle conviction in Pennsylvania?

Under 75 Pa.C.S. 1532(a.1), a conviction for homicide by vehicle (3732) or homicide by vehicle while driving under influence (3735) results in a three-year suspension of the operating privilege.

What is unreasonable-belief voluntary manslaughter in Pennsylvania?

Under 18 Pa.C.S. 2503(b), a person who intentionally or knowingly kills commits voluntary manslaughter if, at the time, the person believed the circumstances were such that, if they existed, would justify the killing under Chapter 5 of the Crimes Code, but the belief was unreasonable.