Rhode Island Manslaughter Laws: Voluntary, Involuntary and DUI Deaths

Rhode Island has one statutory manslaughter offense, and the statute does not define it. R.I. Gen. Laws 11-23-3 says only that "every person who shall commit manslaughter shall be imprisoned not exceeding thirty (30) years," so the elements of voluntary and involuntary manslaughter come from the common law as the Rhode Island Supreme Court applies it.

Manslaughter is a felony because it can be punished by more than one year (11-1-2). Deaths caused by driving are separate Title 31 felonies: driving so as to endanger, resulting in death (31-27-1), up to 10 years, and driving under the influence of liquor or drugs, resulting in death (31-27-2.2), 5 to 15 years for a first violation. For other states, see our guide to manslaughter laws by state.

Information last verified on October 18, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Rhode Island criminal statutes on homicide below murder: manslaughter (R.I. Gen. Laws 11-23-3) and its common-law voluntary and involuntary forms, the 2018 provocation limit in 12-17-17, driving so as to endanger, resulting in death (31-27-1), driving under the influence, resulting in death (31-27-2.2), the vessel offense in 46-22-9.3, leaving the scene of a fatal accident (31-26-1), the controlled-substance death offenses (11-23-6 and 11-23-7), and the parole, habitual-criminal and firearm rules that reach these offenses. It does not cover murder (see how long a life sentence is in Rhode Island and murder sentencing guidelines), self-defense (see Rhode Island self-defense laws), civil lawsuits over a death (see Rhode Island wrongful death), or federal offenses (see the manslaughter laws hub).

What is manslaughter in Rhode Island?

Manslaughter in Rhode Island is a common-law crime with a statutory penalty. The homicide chapter, Title 11, chapter 23, contains murder (11-23-1), the murder penalties, manslaughter (11-23-3), a joinder rule for concealment of birth, and the two controlled-substance death offenses in 11-23-6 and 11-23-7 (chapter 11-23 index). Section 11-23-3 sets the penalty but lists no elements:

"(a) Every person who shall commit manslaughter shall be imprisoned not exceeding thirty (30) years. (b) Where the provisions of The Domestic Violence Prevention Act, chapter 29 of title 12, are applicable, the penalties for violation of this section shall also include the penalties as provided in § 12-29-5."

Murder, by contrast, is "the unlawful killing of a human being with malice aforethought" (11-23-1). The Rhode Island Supreme Court recognizes two forms of manslaughter, both defined by the absence of malice.

Under 11-1-2, "unless otherwise provided, any criminal offense which at any given time may be punished by imprisonment for a term of more than one year, or by a fine of more than one thousand dollars ($1,000), is declared to be a felony," and every offense in the table meets that test. For how the state labels and sentences crimes generally, see Rhode Island felony and misdemeanor classes.

Is manslaughter a felony in Rhode Island, and what is the sentence?

Yes. Manslaughter carries imprisonment of up to 30 years under 11-23-3(a). The section sets no minimum term and no fine, and the same maximum applies to voluntary and involuntary manslaughter. Where the Domestic Violence Prevention Act applies, the penalties also include those in 12-29-5 (11-23-3(b)).

The jury at a murder trial can return a manslaughter verdict. Under 12-17-14, when the court or jury "shall not be satisfied that he or she is guilty of the whole offense, but shall be satisfied that he or she is guilty of so much of the offense as shall substantially amount to an offense of a lower nature," it "may find him or her guilty of the lower offense."

Voluntary manslaughter and provocation

Voluntary manslaughter has no statutory text in Rhode Island. In State v. McGuy, 841 A.2d 1109 (R.I. 2003), the Supreme Court wrote:

"Rhode Island adheres to the common-law elements of voluntary manslaughter, State v. Vargas, 420 A.2d 809, 815 (R.I.1980), defining it as an (1) intentional homicide, (2) committed without malice aforethought, (3) in the heat of a sudden passion, (4) as a result of adequate provocation."

The same opinion addressed what counts as adequate provocation: "Mere words or gestures, unaccompanied by an act threatening imminent death or serious bodily harm, do not constitute a provocation sufficient to reduce a homicide from murder to manslaughter," and "adequate provocation requires the defendant to reasonably fear imminent death or serious bodily harm."

The 2018 limit on gay and trans panic claims

Since 2018 (P.L. 2018, ch. 125 and ch. 294), 12-17-17 limits what provocation can be objectively reasonable:

"For purposes of determining sudden quarrel or heat of passion, the provocation was not objectively reasonable if it resulted solely from the discovery of, knowledge about, or potential disclosure of the victim's actual or perceived gender, gender identity, gender expression, or sexual orientation, including under circumstances in which the victim made an unwanted, non-forcible romantic or sexual advance toward the defendant, or if the defendant and victim dated or had a romantic relationship."

Companion sections enacted by the same laws address diminished capacity (12-17-18) and self-defense (12-17-19). Self-defense and justification are covered on the Rhode Island self-defense laws page.

Involuntary manslaughter and criminal negligence

Involuntary manslaughter also comes from case law. In State v. Ortiz, 824 A.2d 473 (R.I. 2003), the Supreme Court restated the definition from State v. Hockenhull (1987): involuntary manslaughter is an "unintentional homicide without malice aforethought, committed either in the performance of an unlawful act not amounting to a felony or in the performance of a lawful act with criminal negligence."

That definition has two branches:

• Unlawful act. A death caused while committing an unlawful act that is not a felony.
• Criminal negligence. A death caused while doing a lawful act with criminal negligence.

Chapter 11-23 contains no definition of criminal negligence. In State v. Hockenhull, 525 A.2d 926 (R.I. 1987), the court placed it below the recklessness that can support murder: "Involuntary manslaughter resulting from criminal negligence is a lesser degree of homicide than an act that may constitute murder as the result of the wanton recklessness of the accused."

Vehicular manslaughter and DUI deaths in Rhode Island

The main vehicle death offenses sit in Title 31, chapter 27, and neither is labeled manslaughter or vehicular homicide. Title 31 does refer separately to "manslaughter from the operation of a motor vehicle" when it sets the penalties for driving on a license suspended for that conviction (31-11-18.1, below).

Driving so as to endanger, resulting in death (31-27-1)

Section 31-27-1(a) applies "when the death of any person ensues as a proximate result of an injury received by the operation of any vehicle in reckless disregard of the safety of others, including violations of § 31-27-22." A person convicted "shall upon conviction be imprisoned for not more than ten (10) years and have his or her license to operate a motor vehicle suspended for no more than five (5) years" (31-27-1(b)).

The reference to 31-27-22 brings in street racing. Section 31-27-22 has no death tier of its own: a first violation is a misdemeanor punishable by up to 1 year, and racing with one or more passengers carries up to 5 years, served "in addition and consecutively to the sentence provided for the underlying offense" (31-27-22(c)).

Driving under the influence, resulting in death (31-27-2.2)

Section 31-27-2.2(a) reads:

"When the death of any person other than the operator ensues as a proximate result of an injury received by the operation of any vehicle, the operator of which is under the influence of any intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination of these, the person so operating the vehicle shall be guilty of 'driving under the influence of liquor or drugs, resulting in death'."

The penalties in 31-27-2.2(b) set minimum terms:

A prior counts toward the second tier whether it occurred "in this state or any other state, provided the out-of-state conviction was based on the same blood-alcohol concentration as set forth in § 31-27-2."

A person convicted under 31-27-1 or 31-27-2.2 may also, in addition to other penalties, be barred from operating a vehicle without an approved ignition interlock and/or required to undergo blood and urine testing for one to five years (31-27-2.8(d)). For DUI penalties where no one died, see Rhode Island DUI laws.

Leaving the scene, fleeing police and driving while suspended

Leaving the scene. A driver "knowingly involved in an accident resulting in injury to, serious bodily injury to, or death of any person shall immediately stop" (31-26-1(a)). Knowingly failing to stop or comply where a death results is punishable on a first violation by 2 to 15 years in state prison, a fine of $5,000 to $10,000 and a 3-year license revocation, and on a second or subsequent violation within five years by 5 to 20 years, a fine of $10,000 to $20,000 and a 5-year revocation (31-26-1(d)). See Rhode Island hit-and-run laws.

Fleeing police. Operating a vehicle "in an attempt to elude or flee from a traffic officer or police vehicle" is a misdemeanor for a first conviction and a felony for later ones (31-27-4), and the high-speed pursuit statute, 31-27-4.1, sets 2 to 5 years for a second or subsequent conviction. Neither section sets a separate penalty for a death.

Driving while suspended after a fatal-crash conviction. Under 31-11-18.1(c)(1), a person driving while the license is suspended or revoked for, among other grounds, "manslaughter from the operation of a motor vehicle, or operation so as to endanger, death resulting" faces a mandatory $500 fine and imprisonment "for a minimum of ten (10) days" on a first conviction, with longer mandatory terms for later convictions, and "no fines, suspensions, treatment, or jail provided for under this section can be suspended" (31-11-18.1(d)).

Boating deaths

Section 46-22-9.3 mirrors 31-27-1 for vessels: when a death ensues as the proximate result of operating a vessel "in reckless disregard of the safety of others," the operator is guilty of "operating so as to endanger, resulting in death" and faces up to 10 years. Operating a boat recklessly, or while intoxicated or under the influence, without a death, is a misdemeanor of up to $1,000, up to 1 year, or both (46-22-9 and 46-22-19).

Drug-induced death offenses

Two sections in the homicide chapter cover deaths from drug transactions: 11-23-6 (enacted in 1981 and amended by P.L. 2018, ch. 105 and ch. 111) and 11-23-7 (added by those 2018 acts). A killing committed during a felony manufacture, sale or delivery of a controlled substance is also listed as first-degree murder in 11-23-1; see murder laws in the United States.

• Delivery resulting in death (11-23-7). A person is guilty "when, as a result of an unlawful delivery of a controlled substance in exchange for anything of value to an adult, death results to that adult because of the ingestion orally, or the injection or inhalation of the controlled substance" (11-23-7(a)). The section also covers "an unlawful delivery of a controlled substance to another person who subsequently delivers such controlled substance to an adult" who dies (11-23-7(b)). The penalty is imprisonment "up to life" (11-23-7(c)). A person who, "in good faith, without malice," seeks medical assistance for someone experiencing an overdose "shall not be charged or prosecuted for a violation of this section, if the evidence for the charge was gained as a result of the seeking of medical assistance" (11-23-7(d)). The phrase "in exchange for anything of value" does not apply to "the act of sharing a controlled substance when the sharing results in the proximate cause of a person's death" (11-23-7(e)).
• Transaction resulting in death of a minor (11-23-6). A person who sells, delivers or distributes a controlled substance, the sale of which would be a felony under chapter 28 of title 21, to a minor, or knowingly provides it for sale, delivery or distribution to a minor, where "death has resulted to the minor because of the ingestion orally or the injection or inhalation of the controlled substance, shall be imprisoned for life" (11-23-6).

Other offenses graded by a resulting death

• Vicious dog that kills a person, 4-13.1-9(c)(1): the owner or keeper pays a fine of $1,000, and "in the event a dog kills a person, the dog shall be humanely euthanized."
• Firearm discharge during a crime of violence where death results, 11-47-3.2: life (see the firearm rule below).
• First-degree arson where a death results, 11-4-2: not less than 20 years, unless the court finds substantial and compelling circumstances for a lesser sentence.
• Assisting a suicide, 11-60-3: felony, up to 10 years, a fine up to $10,000, or both.
• Installing a false airbag where death results, 31-53-4(d): up to 10 years, a fine up to $100,000, or both, per violation.
• Transporting hazardous materials in violation of 31-23-37 where death results: up to 10 years and a fine up to $10,000.
• An employer's willful occupational-safety violation that causes an employee's death, 28-20-18(e): up to 1 year, a fine up to $10,000, or both, for a first conviction.
• Carjacking resulting in the death of the owner, lessor or occupant, 11-39-2(c): graded as first-degree murder.

Sentencing details: parole, probation, habitual criminals and firearms

Parole. For a sentence of a term of years, the parole board may grant parole "whenever that prisoner has served not less than one-third (⅓) of the term for which he or she was sentenced" (13-8-9(a)). The one-third rule does not apply to a prisoner "sentenced to imprisonment for life" or "confined as a habitual criminal under the provisions of § 12-19-21" (13-8-9(a)). A life sentence for a crime other than first- or second-degree murder committed after July 1, 2015 (for example under 11-23-6 or 11-23-7) requires at least 20 years before parole (13-8-13(a)(5)), and a habitual-criminal term is consecutive, with a minimum the court sets before parole eligibility (12-19-21(b)).

Probation and suspended sentences. Section 11-23-3 contains no bar on probation. Under 12-19-8(a), "except where the suspension of sentence shall otherwise be prohibited by law," the court may impose a sentence and suspend it in whole or in part, or place the defendant on probation. Section 31-27-2.2, by contrast, sets minimum prison terms for DUI deaths.

Habitual criminal. A person previously convicted of two or more felonies "arising from separate and distinct incidents and sentenced on two or more occasions to serve a term in prison," who is then convicted of an offense punishable by more than one year, is a "habitual criminal" and can be imprisoned "for a term not exceeding twenty-five (25) years, in addition to any sentence imposed for the offense of which he or she was last convicted" (12-19-21(a)). Manslaughter, at up to 30 years, is such an offense.

Firearm add-on. Manslaughter is listed as a "crime of violence" in 11-47-2. Under 11-47-3.2, using a firearm while committing or attempting a crime of violence is punishable by 10 years for a first offense, and when the firearm is discharged the penalty can reach "life, if the death or permanent incapacity of any person (other than the person convicted) results from the discharge of the firearm; provided that, involuntary manslaughter shall not be considered a 'crime of violence' for the purpose of subdivision (b)(4) only." A sentence under 11-47-3.2 runs consecutively to the sentence for the underlying crime, with no deferment of sentence or parole, except that a life term may be paroled unless it is life without parole under (a)(3) (11-47-3.2(a), (c)). Separately, committing a crime of violence "when armed with or having available any firearm" is punishable under 11-47-3 by 3 to 10 years for a first conviction, without "suspension or deferment of sentence, nor of probation."

Registration. Rhode Island's registration chapter, the Sexual Offender Registration and Community Notification Act (chapter 11-37.1), does not list manslaughter in its definitions section (11-37.1-2).

Recent changes

• 2018: P.L. 2018, ch. 105 and ch. 111 added 11-23-7 and amended 11-23-6. P.L. 2018, ch. 125 and ch. 294 added the provocation, diminished capacity and self-defense limits in 12-17-17 to 12-17-19.
• June 19, 2019: P.L. 2019, ch. 27, sec. 4 repealed 11-23-5 (11-23-5).
• January 1, 2023: P.L. 2022, ch. 336 and ch. 337 made the first three violations of the driving-while-suspended statute (31-11-18) civil matters; the mandatory terms in 31-11-18.1 for driving while suspended after a fatal-crash conviction remain.

The manslaughter section itself is older: its history line ends with P.L. 1988, ch. 539. The DUI death section (31-27-2.2) was last amended by P.L. 1996, ch. 38, driving so as to endanger, resulting in death (31-27-1) by P.L. 2007, ch. 121 and ch. 193, and the leaving-the-scene statute (31-26-1) by P.L. 2012, ch. 309 and ch. 354.

Federal law (18 U.S.C. 1112) separately covers manslaughter on federal land and in other places under federal jurisdiction; the manslaughter laws hub explains it.

Leading Rhode Island cases

• State v. McGuy, 841 A.2d 1109 (R.I. 2003): voluntary manslaughter is an intentional homicide committed without malice aforethought in the heat of a sudden passion as a result of adequate provocation; mere words or gestures, unaccompanied by an act threatening imminent death or serious bodily harm, are not adequate provocation.
• State v. Ortiz, 824 A.2d 473 (R.I. 2003): involuntary manslaughter is an unintentional homicide without malice aforethought, committed in an unlawful act not amounting to a felony or in a lawful act with criminal negligence.

Related Rhode Island laws

• Manslaughter laws by state
• Rhode Island DUI laws
• Rhode Island hit-and-run laws
• Rhode Island self-defense laws
• Rhode Island felony and misdemeanor classes
• Murder, homicide and manslaughter: the differences

This article provides general legal information about Rhode Island law, not legal advice. Statutes and court decisions change, and how they apply depends on the facts. For advice about a specific situation, contact a lawyer licensed in Rhode Island.

Last updated: October 18, 2026.

Frequently Asked Questions

Is manslaughter a felony in Rhode Island?

Yes. Manslaughter is punishable by up to 30 years under R.I. Gen. Laws 11-23-3, and 11-1-2 makes any offense punishable by more than one year a felony. The vehicle death offenses in 31-27-1 and 31-27-2.2 are felonies by the same test.

What is the sentence for manslaughter in Rhode Island?

Up to 30 years in prison under 11-23-3(a), with no minimum term and no fine set in the section. The same maximum applies to voluntary and involuntary manslaughter.

What is the difference between voluntary and involuntary manslaughter in Rhode Island?

Voluntary manslaughter is an intentional killing without malice, in the heat of a sudden passion from adequate provocation (State v. McGuy, 2003). Involuntary manslaughter is an unintentional killing without malice, in an unlawful act not amounting to a felony or a lawful act done with criminal negligence (State v. Ortiz, 2003). Both are punished under 11-23-3.

What is the penalty for a DUI death in Rhode Island?

Driving under the influence of liquor or drugs, resulting in death (31-27-2.2) carries 5 to 15 years, a $5,000 to $10,000 fine and a 5-year license revocation for a first violation. A second or subsequent violation within five years carries 10 to 20 years and a $10,000 to $20,000 fine.

Does Rhode Island have a vehicular manslaughter law?

Not by that name in Title 31. A death caused by driving in reckless disregard of the safety of others is driving so as to endanger, resulting in death (31-27-1), punishable by up to 10 years; impaired-driving deaths fall under 31-27-2.2.

Can heat of passion reduce murder to manslaughter in Rhode Island?

Under State v. McGuy (2003), an intentional homicide committed without malice aforethought in the heat of a sudden passion, as a result of adequate provocation, is voluntary manslaughter. Under 12-17-17, provocation resulting solely from the discovery or disclosure of the victim's actual or perceived gender, gender identity, gender expression or sexual orientation is not objectively reasonable.

What is the penalty for a hit-and-run death in Rhode Island?

Under 31-26-1(d), knowingly failing to stop or comply after an accident where a death results carries 2 to 15 years, a $5,000 to $10,000 fine and a 3-year revocation for a first violation, and 5 to 20 years for a second or subsequent violation within five years.

When is someone convicted of manslaughter eligible for parole in Rhode Island?

For a sentence of a term of years, 13-8-9(a) lets the parole board grant parole once the prisoner has served not less than one-third of the term imposed. That rule does not apply to a life sentence or to a prisoner confined as a habitual criminal. A life sentence for a crime other than murder committed after July 1, 2015 requires at least 20 years before parole (13-8-13(a)(5)), and the court sets a minimum before parole on a habitual-criminal term (12-19-21(b)).