Tennessee Manslaughter and Vehicular Homicide Laws (2026)

Tennessee's only offense named manslaughter is voluntary manslaughter, "the intentional or knowing killing of another in a state of passion produced by adequate provocation sufficient to lead a reasonable person to act in an irrational manner" under T.C.A. 39-13-211(a), a Class B felony (8 to 30 years) for offenses committed on or after July 1, 2023. Tennessee has no involuntary manslaughter; unintended killings are reckless homicide (39-13-215, Class D) or criminally negligent homicide (39-13-212, Class E), and driving deaths fall under vehicular homicide (39-13-213) and aggravated vehicular homicide (39-13-218).

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 the Tennessee statutes on homicide below murder in Title 39, Chapter 13, Part 2 (voluntary manslaughter, criminally negligent homicide, vehicular homicide, reckless homicide and aggravated vehicular homicide), the related sentencing statutes in Title 40, and other Tennessee statutes that grade an offense by a resulting death, such as evading arrest and leaving the scene of a fatal crash. It does not cover first- or second-degree murder sentencing (see how long a life sentence is in Tennessee and our overview of murder sentencing guidelines), self-defense (see Tennessee self-defense laws), civil lawsuits by surviving family (see Tennessee wrongful death law), or federal offenses, which the manslaughter laws hub covers.

What is manslaughter in Tennessee?

Tennessee defines its homicide offenses below murder by mental state and, for driving deaths, by what caused the death. The main offenses are:

• Voluntary manslaughter (39-13-211): an intentional or knowing killing in a state of passion produced by adequate provocation.
• Reckless homicide (39-13-215): "a reckless killing of another."
• Criminally negligent homicide (39-13-212): "Criminally negligent conduct that results in death."
• Vehicular homicide (39-13-213): a reckless killing by operating a motor vehicle, airplane or vessel, graded by what caused the death.
• Aggravated vehicular homicide (39-13-218): intoxication vehicular homicide with listed prior convictions or a high blood alcohol concentration.

There is no involuntary manslaughter. The Sentencing Commission Comments to 39-13-212 say: "Criminally negligent homicide is an offense which is new to Tennessee. It replaces involuntary manslaughter." Unintended killings are therefore reckless homicide or criminally negligent homicide, depending on the mental state.

Tennessee manslaughter and homicide offenses at a glance

The classes take their ranges and fines from T.C.A. 40-35-111(b). Section 40-35-112 then divides each class into three sentencing ranges. Range I, the lowest, is 15 to 25 years for Class A, 8 to 12 for Class B, 3 to 6 for Class C, 2 to 4 for Class D and 1 to 2 for Class E. Range II runs 25 to 40 years for Class A, 12 to 20 for Class B, 6 to 10 for Class C, 4 to 8 for Class D and 2 to 4 for Class E, and Range III reaches the top of each class. Which range applies depends on prior felony convictions: a multiple offender (generally 2 to 4 qualifying prior felonies) is sentenced in Range II (40-35-106), a persistent offender (generally 5 or more) in Range III (40-35-107), and a career offender receives the maximum sentence within Range III (40-35-108). Our page on how Tennessee sentences each felony class explains how the ranges are assigned.

Voluntary manslaughter and adequate provocation

Section 39-13-211(a) defines the offense:

"Voluntary manslaughter is the intentional or knowing killing of another in a state of passion produced by adequate provocation sufficient to lead a reasonable person to act in an irrational manner." T.C.A. 39-13-211(a)

The definition has an objective test built in: the provocation must be adequate, and it must be enough to lead a reasonable person to act irrationally. The killing itself is still intentional or knowing; provocation is what separates it from murder.

Class change in 2023. Public Chapter 308 (2023) amended 39-13-211(b) "by deleting the language 'Class C felony' and substituting instead the language 'Class B felony'." The act "takes effect July 1, 2023, the public welfare requiring it, and applies to offenses committed on or after that date." A voluntary manslaughter committed before July 1, 2023 remains a Class C felony (3 to 15 years).

Mutual combat. In State v. Williams, 38 S.W.3d 532 (Tenn. 2001), the Tennessee Supreme Court held that the old mutual-combat doctrine "was abrogated by the revision" of the criminal code in 1989. Proof that a death occurred during mutual combat "may supply the evidentiary basis for a finding of 'adequate provocation sufficient to lead a reasonable person to act in an irrational manner,'" and "the trier of fact must consider all facts surrounding a killing, including the facts giving rise to an agreement to combat," to decide whether the killing resulted from that state of passion.

Panic defense. Section 39-13-211 does not address provocation based on a victim's sexual orientation or gender identity, and Tennessee has no statute limiting such a claim. Self-defense and other justifications are covered on our Tennessee self-defense laws page.

Reckless homicide and criminally negligent homicide

These two offenses do the work that involuntary manslaughter does in other states. The difference between them is the mental state, and the criminal code defines both in 39-11-302:

"(c) 'Reckless' refers to a person who acts recklessly with respect to circumstances surrounding the conduct or the result of the conduct when the person is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the accused person's standpoint." T.C.A. 39-11-302(c)

"(d) 'Criminal negligence' refers to a person who acts with criminal negligence with respect to the circumstances surrounding that person's conduct or the result of that conduct when the person ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the accused person's standpoint." T.C.A. 39-11-302(d)

In short, recklessness means the person was aware of the risk and consciously disregarded it; criminal negligence means the person ought to have been aware of it. Reckless homicide is a Class D felony (39-13-215(b)), and criminally negligent homicide is a Class E felony (39-13-212(b)).

Vehicular homicide and DUI deaths in Tennessee

Tennessee has no offense named DUI manslaughter or vehicular manslaughter. A death caused by a driver is vehicular homicide under 39-13-213. Before a 2021 amendment, subsection (a) read:

"(a) Vehicular homicide is the reckless killing of another by the operation of an automobile, airplane, motorboat or other motor vehicle, as the proximate result of: (1) Conduct creating a substantial risk of death or serious bodily injury to a person; (2) The driver's intoxication, as set forth in s 55-10-401. For the purposes of this section, 'intoxication' includes alcohol intoxication as defined by s 55-10-411(a), drug intoxication, or both; (3) As the proximate result of conduct constituting the offense of drag racing as prohibited by title 55, chapter 10, part 5; or (4) The driver's conduct in a posted construction zone where the person killed was an employee of the department of transportation or a highway construction worker."

Public Chapter 434 (2021), effective July 1, 2021, replaced "motorboat" in that subsection with a "vessel subject to registration under title 69, chapter 9, part 2" and extended the intoxication form to "the operator's intoxication, as set forth in s 69-9-217(a)." A boating-under-the-influence death is therefore intoxication vehicular homicide.

How each form is graded

• Risky conduct or drag racing ((a)(1), (a)(3)): Class C felony, 3 to 15 years.
• Intoxication ((a)(2)): Class B felony, 8 to 30 years.
• Construction zone ((a)(4)): Class D felony, 2 to 12 years.

Mandatory jail, probation and driving ban for intoxication vehicular homicide

Section 39-13-213(b)(2) sets mandatory incarceration that rises with prior convictions for an alcohol-related offense:

• First violation: "a mandatory minimum sentence of forty-eight (48) consecutive hours of incarceration."
• One prior conviction: 45 consecutive days.
• Two prior convictions: 120 consecutive days.
• Three or more prior convictions: 150 consecutive days.

Probation is not available. Section 40-35-303(a) makes a defendant eligible for probation "if the sentence actually imposed upon the defendant is ten (10) years or less; however, no defendant shall be eligible for probation under this chapter if convicted of a violation of s 39-13-213(a)(2)" and other listed offenses.

For every form of vehicular homicide, "The court shall prohibit a defendant convicted of vehicular homicide from driving a vehicle in this state for a period of time not less than three (3) years nor more than ten (10) years" (39-13-213(c)).

Leaving the scene (2026). Public Chapter 715 (2026) added 39-13-213(b)(2)(H), effective July 1, 2026: if a person convicted of intoxication vehicular homicide "is, as a result of the same course of conduct, also convicted of a violation of § 55-10-101, then the person shall be punished for the violation of subdivision (a)(2) as a Range II offender; however, the sentence imposed upon the person may, if appropriate, be within Range III but in no case shall the sentence be lower than Range II." For a Class B felony, Range II is 12 to 20 years.

Aggravated vehicular homicide

Section 39-13-218 makes intoxication vehicular homicide a Class A felony (15 to 60 years) when the defendant has listed prior convictions, such as two or more prior DUI, boating-under-the-influence or vehicular assault convictions or a prior vehicular homicide, or has a blood alcohol concentration at or above the statute's threshold together with one listed prior. Public Chapter 430 (2025) amended 39-13-218(a)(3) "by deleting 'twenty-hundredths of one percent (0.20%)' and substituting 'fifteen-hundredths of one percent (0.15%)'," effective July 1, 2025.

Release eligibility depends on the offense date. For an aggravated vehicular homicide or an intoxication vehicular homicide committed on or after July 1, 2022, there is no release eligibility: under 40-35-501(bb), added by Public Chapter 988 (2022), the person "shall serve one hundred percent (100%) of the sentence imposed by the court undiminished by any sentence reduction credits the person may be eligible for or earn." For an aggravated vehicular homicide committed from July 1, 2015, through June 30, 2022, 40-35-501(k)(8) set release eligibility at 60 percent of the sentence, less sentence credits earned and retained.

Leaving the scene of a fatal crash

Section 55-10-101(b)(2)(A), as rewritten by Public Chapter 1072 (2026), the James Bardsley, Jr. Life Protection Act, provides:

"It is a Class E felony for any person to fail to stop or comply with the requirements of subsection (a) when the person knew or should reasonably have known that death resulted from the accident. In addition to any other punishment that may be imposed for a violation of this subdivision (b)(2)(A), the defendant must be punished by confinement for not less than one (1) year, of which the defendant is required to serve one hundred percent (100%), and a fine of no less than five thousand dollars ($5,000) and no more than ten thousand dollars ($10,000)." T.C.A. 55-10-101(b)(2)(A)

The act "takes effect July 1, 2026, the public welfare requiring it, and applies to offenses committed on or after that date." Under 55-10-101(b)(2)(B), the sentence runs consecutively to a vehicular assault, vehicular homicide or aggravated vehicular homicide sentence from the same course of conduct, and under 55-10-101(c), "The commissioner shall revoke the license or permit to drive." Our Tennessee hit-and-run laws page covers the duties after a crash.

Evading arrest and other driving offenses

Public Chapter 278 (2021), the Spencer Bristol Act, effective July 1, 2021, graded evading arrest by its result: a violation of 39-16-603(a) or (b) "that results in serious bodily injury to a law enforcement officer is a Class C felony," and one "that results in the death of a law enforcement officer is a Class A felony." That death tier is written for a law enforcement officer. The same act made evading arrest in a motor vehicle (39-16-603(b)) a Class E felony with at least 30 days of confinement, and a Class D felony with at least 60 days when the flight or attempt to elude "creates a risk of death or injury to innocent bystanders, pursuing law enforcement officers, or other third parties" (39-16-603(d)(2)).

Drag racing alone is a Class B misdemeanor (55-10-502(a)). If it causes serious bodily injury, it is punished as vehicular assault (55-10-502(b)); a racing death is vehicular homicide under 39-13-213(a)(3), a Class C felony. Driving on a cancelled, suspended or revoked licence is a Class B misdemeanor under 55-50-504(a)(1), with no tier for a death; when the suspension came from a vehicular homicide, vehicular assault or DUI conviction, the person "shall be punished by confinement for not less than two (2) days nor more than six (6) months," with a fine of up to $1,000.

For DUI penalties when no one is killed, see Tennessee DUI laws.

Unborn victims

Section 39-13-214(a) provides that, "For the purposes of this part, 'another' and 'another person' include a human embryo or fetus at any stage of gestation in utero, when any such term refers to the victim of any act made criminal by this part." The part is Title 39, Chapter 13, Part 2, which holds voluntary manslaughter, reckless and criminally negligent homicide, vehicular homicide and aggravated vehicular homicide. Under 39-13-214(c), the rule does not apply "to any act or omission by a pregnant woman with respect to an embryo or fetus with which she is pregnant, or to any lawful medical or surgical procedure to which a pregnant woman consents, performed by a health care professional who is licensed to perform such procedure."

Other offenses graded by a resulting death

• Drug-distribution or fentanyl death (39-13-210(a)(2)-(3)): second-degree murder, a Class A felony, not manslaughter. See our overview of murder laws in the United States.
• Killing during aggravated child abuse or neglect, or aggravated neglect of an elderly or vulnerable adult (39-13-202(a)(2)): first-degree murder. Aggravated child abuse or neglect itself is a Class B felony, or Class A if the child is 8 or younger or is vulnerable because of a mental or physical condition (39-15-402(b)).
• Move-over violations (55-8-132(g)): the statute lets a violator also be prosecuted for criminally negligent homicide (Class E), reckless homicide (Class D) or vehicular homicide (Class C) when the conduct meets those offenses' mental states and results in a death.
• Aggravated assault resulting in death (39-13-102(a)(1)(A)(ii), (a)(1)(B)(ii)): Class C felony when intentional or knowing, Class D felony when reckless.
• Assisted suicide (39-13-216): Class D felony.
• Failure to yield the right-of-way causing a death (55-8-197): Class A misdemeanor; the court may revoke the licence for up to 1 year.

Other sentencing rules

• Time served (offenses on or after July 1, 2022). Under 40-35-501(cc), added by Public Chapter 988 (2022), a person convicted of voluntary manslaughter, reckless homicide, criminally negligent homicide, vehicular homicide under 39-13-213(a)(1), (a)(3) or (a)(4), or an aggravated assault that resulted in a death must serve 100 percent of the sentence, although credits for satisfactory program performance can reduce the share served before parole eligibility by up to 15 percent, to 85 percent. Intoxication vehicular homicide and aggravated vehicular homicide have no release eligibility (40-35-501(bb)). Earlier offenses fall under the release rules in force when they were committed.
• Firearms. Voluntary manslaughter is a "dangerous felony" under 39-17-1324(i). Employing a firearm during it is a separate Class C felony with a mandatory minimum sentence of 6 years (10 years with a prior felony conviction), served consecutively to the other sentence and without probation (39-17-1324(b), (e), (h)).
• Parole conditions. Since July 1, 2024 (Public Chapter 671, "Ledford's Law"), parole after intoxication vehicular homicide or aggravated vehicular homicide must include substance abuse treatment and a ban on possessing or consuming alcohol or a controlled substance without a valid prescription (40-28-117(a)(3)).
• Child maintenance. Under a section added to Title 39, Chapter 13, Part 2 by Public Chapter 1056 (2022), if a defendant is convicted of intoxication vehicular homicide or aggravated vehicular homicide "and the deceased victim of the offense was the parent of a minor child, then the sentencing court shall order the defendant to pay restitution in the form of child maintenance to each of the victim's children until each child reaches eighteen (18) years of age and has graduated from high school," subject to the further terms of that section.
• Time limit to prosecute. For a vehicular homicide committed on or after July 1, 2026, prosecution "shall commence within ten (10) years from the date the offense occurs" (40-2-101(t), added by Public Chapter 793 (2026)). Our Tennessee statute of limitations page covers other offenses.
• Probation. Apart from intoxication vehicular homicide, 40-35-303(a) makes a defendant eligible for probation when the sentence actually imposed is ten years or less.

Recent changes

• 2021: Public Chapter 434 extended vehicular homicide to registered vessels and vessel-operator intoxication (effective July 1, 2021). Public Chapter 278 made evading arrest resulting in an officer's death a Class A felony (effective July 1, 2021).
• 2022: Public Chapter 988 required 100 percent of the sentence to be served for these homicide offenses, with no release eligibility for intoxication and aggravated vehicular homicide and up to 15 percent off for program credits for the others, for offenses on or after July 1, 2022 (40-35-501(bb), (cc)).
• 2023: Public Chapter 308 raised voluntary manslaughter from Class C to Class B, for offenses on or after July 1, 2023.
• 2024: Public Chapter 671 ("Ledford's Law") amended 39-13-213(b)(2), deleting the phrase "on probation pursuant to s 40-35-303" from its release provisions, and required substance abuse treatment and a ban on alcohol and unprescribed controlled substances as parole conditions after intoxication or aggravated vehicular homicide (effective July 1, 2024).
• 2025: Public Chapter 430 lowered the aggravated vehicular homicide BAC trigger from 0.20 to 0.15 percent (effective July 1, 2025).
• 2026: Public Chapter 715 (Range II for intoxication vehicular homicide plus leaving the scene), Public Chapter 1072 (mandatory one year and fine for leaving the scene of a fatal crash, for offenses on or after July 1, 2026) and Public Chapter 793 (ten-year limit for vehicular homicides committed on or after July 1, 2026) all took effect July 1, 2026. Public Chapter 752 (2026) set a Range II floor for a knowing second-degree murder from the same date.

Federal manslaughter

Federal law, 18 U.S.C. 1112, separately covers manslaughter on federal land and in other areas of federal jurisdiction; the manslaughter laws hub explains it.

Related

• Manslaughter laws by state
• Tennessee felony and misdemeanor classes
• Tennessee hit-and-run laws
• Tennessee DUI laws
• The difference between murder, homicide and manslaughter

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

Last updated: 2026-10-17.

Frequently Asked Questions

What is manslaughter in Tennessee?

Tennessee's only offense named manslaughter is voluntary manslaughter under T.C.A. 39-13-211: the intentional or knowing killing of another in a state of passion produced by adequate provocation sufficient to lead a reasonable person to act in an irrational manner.

Is voluntary manslaughter a felony in Tennessee?

Yes. It is a Class B felony for offenses committed on or after July 1, 2023 (2023 Pub. Ch. 308), punishable by 8 to 30 years and a fine of up to $25,000 the jury may assess. It was a Class C felony before that date.

What is the sentence for voluntary manslaughter in Tennessee?

The Class B range is 8 to 30 years (40-35-111(b)(2)). Within it, 40-35-112 sets Range I at 8 to 12 years and Range II at 12 to 20 years, with Range III at the top of the class. The ranges apply to offenses committed on or after July 1, 2023; earlier offenses fall under the Class C range of 3 to 15 years. Under 40-35-501(cc), for offenses on or after July 1, 2022, the sentence is served at 100 percent, which program-performance credits can reduce to 85 percent before parole eligibility.

Does Tennessee have involuntary manslaughter?

No. The Sentencing Commission Comments to 39-13-212 state that criminally negligent homicide 'replaces involuntary manslaughter.' Unintended killings are reckless homicide (Class D) or criminally negligent homicide (Class E).

What is the difference between reckless homicide and criminally negligent homicide in Tennessee?

Reckless homicide (39-13-215) requires that the person was aware of but consciously disregarded a substantial and unjustifiable risk. Criminally negligent homicide (39-13-212) requires only that the person ought to have been aware of the risk. Both definitions come from 39-11-302 and require a gross deviation from the standard of care an ordinary person would exercise.

What is the penalty for vehicular homicide by intoxication in Tennessee?

It is a Class B felony (8 to 30 years) under 39-13-213(b)(2), with mandatory incarceration of 48 consecutive hours for a first violation and 45, 120 or 150 consecutive days with one, two, or three or more prior alcohol-related convictions. The court must also bar the defendant from driving for 3 to 10 years (39-13-213(c)). For offenses on or after July 1, 2022, there is no release eligibility; the sentence is served at 100 percent (40-35-501(bb)).

What is aggravated vehicular homicide in Tennessee?

An intoxication vehicular homicide where the defendant has listed prior convictions, or a blood alcohol concentration of 0.15 percent or more plus one listed prior (0.20 percent before July 1, 2025). It is a Class A felony, 15 to 60 years. For offenses on or after July 1, 2022, there is no release eligibility; the sentence is served at 100 percent (40-35-501(bb)). Release eligibility was at 60 percent for offenses from July 1, 2015, through June 30, 2022 (40-35-501(k)(8)).

Is leaving the scene of a fatal crash a felony in Tennessee?

Yes. Failing to stop or comply with 55-10-101(a) when the driver knew or should reasonably have known a death resulted is a Class E felony. For offenses on or after July 1, 2026, it carries at least 1 year served at 100 percent and a $5,000 to $10,000 fine (2026 Pub. Ch. 1072).

Does Tennessee ban the gay or trans panic defense?

No. The voluntary manslaughter statute, 39-13-211, does not address provocation based on a victim's sexual orientation or gender identity, and Tennessee has no statute limiting such a claim.