Virginia Manslaughter Laws: Class 5 Felonies and DUI Manslaughter

Virginia has two manslaughter offenses, voluntary and involuntary, and both are Class 5 felonies: "Voluntary manslaughter is punishable as a Class 5 felony" (Va. Code 18.2-35), and "Involuntary manslaughter is punishable as a Class 5 felony" (18.2-36). A Class 5 felony carries 1 to 10 years of imprisonment, or, at the discretion of the jury or the court, up to 12 months in jail and a fine of up to $2,500, either or both (18.2-10(e)).

The Code sets the punishment but not the elements, which come from Virginia case law. Separate sections make an intoxicated-driving death involuntary manslaughter (18.2-36.1), with an aggravated form carrying 1 to 20 years, and a 2025 law, effective July 1, 2025, added involuntary manslaughter for certain fentanyl-distribution deaths (18.2-36.3). 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 Virginia's state criminal law on homicide below murder: voluntary and involuntary manslaughter (Va. Code 18.2-35 and 18.2-36) and the statutory forms of involuntary manslaughter for intoxicated driving, boating and fentanyl distribution (18.2-36.1, 18.2-36.2, 18.2-36.3), plus the Title 46.2 driving offenses graded by a resulting death. It does not cover murder (see how long a life sentence is in Virginia and our murder sentencing guide), self-defense (see Virginia self-defense laws), civil lawsuits over a death (see Virginia wrongful death) or federal offenses, which our manslaughter hub covers.

What is manslaughter in Virginia?

Virginia's homicide ladder runs from aggravated murder through first- and second-degree murder to voluntary and involuntary manslaughter. Va. Code 18.2-30 provides: "Any person who commits aggravated murder, murder of the first degree, murder of the second degree, voluntary manslaughter, or involuntary manslaughter, is guilty of a felony."

The manslaughter sections themselves are one sentence each and set only the punishment. Article 1 of Chapter 4 of Title 18.2 (the Homicide article) contains no definitions section and no negligent-homicide section, and the Code does not define voluntary manslaughter, involuntary manslaughter, heat of passion, recklessness or criminal negligence. The elements come from Virginia court decisions.

The Code also adds statutory forms of involuntary manslaughter, including deaths caused by driving under the influence (18.2-36.1), by operating a watercraft under the influence (18.2-36.2), and by distributing a substance known to contain fentanyl (18.2-36.3).

Manslaughter offenses at a glance

The ranges for felony classes are set in Va. Code 18.2-10, and the range for a Class 1 misdemeanor in 18.2-11. For how Virginia sentences each felony class more generally, see how Virginia sentences each felony class.

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

Yes. Every form of manslaughter in Virginia is a felony (18.2-30). Voluntary and involuntary manslaughter are Class 5 felonies, and 18.2-10(e) sets the Class 5 range:

"(e) For Class 5 felonies, a term of imprisonment of not less than one year nor more than 10 years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both."

So the maximum term of imprisonment for either form is 10 years, and the statute itself gives the jury or the judge the alternative of a jail term of up to 12 months, a fine of up to $2,500, or both.

The aggravated forms of DUI and boating involuntary manslaughter are the exception to the Class 5 range: they carry "not less than one nor more than 20 years, one year of which shall be a mandatory minimum term of imprisonment" (18.2-36.1(B), 18.2-36.2(B)).

Voluntary manslaughter and provocation in Virginia

The Code does not say what voluntary manslaughter is; Virginia courts do. In Barrett v. Commonwealth, 231 Va. 102 (1986), the Supreme Court of Virginia stated the rule while deciding a malicious-wounding case:

"To reduce a homicide from murder to voluntary manslaughter, the killing must have been done in the heat of passion and upon reasonable provocation. ... Heat of passion is determined by the nature and degree of the provocation, ... and may be founded upon rage, fear, or a combination of both ... Malice and heat of passion are mutually exclusive; malice excludes passion, and passion presupposes the absence of malice. ... Generally, whether a killing was done in the heat of passion upon reasonable provocation is a jury question."

Two points follow from that statement: heat of passion and reasonable provocation are both required, and because malice and passion are mutually exclusive, a killing done in the heat of passion on reasonable provocation is not murder.

Virginia's panic-defense ban

Virginia limits one kind of provocation claim by statute. Va. Code 18.2-37.1, enacted in 2021 (2021 Special Session I, chapter 460), provides:

"A. Another person's actual or perceived sex, gender, gender identity, or sexual orientation is not in and of itself, or together with an oral solicitation, a defense to any charge of capital murder, murder in the first degree, murder in the second degree, or voluntary manslaughter and is not in and of itself, or together with an oral solicitation, provocation negating or excluding malice as an element of murder. B. Nothing in this section shall be construed to prevent a defendant from exercising his constitutionally protected rights, including his right to call for evidence in his favor that is relevant and otherwise admissible in a criminal prosecution."

Subsection B keeps a defendant's constitutional right to offer relevant and otherwise admissible evidence. For when force in self-defense is lawful, see Virginia self-defense laws.

Involuntary manslaughter in Virginia

Involuntary manslaughter is a Class 5 felony under 18.2-36, but the Code does not define it. In Noakes v. Commonwealth, 280 Va. 338 (2010), the Supreme Court of Virginia restated the common-law definition:

"We have defined the common law crime of involuntary manslaughter as 'the killing of one accidentally, contrary to the intention of the parties, in the prosecution of some unlawful, but not felonious, act; or in the improper performance of a lawful act.'"

For a killing during the improper performance of a lawful act, the court said the act must have been performed in a manner "so gross, wanton, and culpable as to show a reckless disregard of human life," and the conduct must "manifest[ ] criminal negligence." Criminal negligence is judged by an objective standard: it "may be found to exist when the defendant 'either knew or should have known the probable results of his[/her] acts.'"

The one place the Code describes a culpable mental state for a manslaughter offense is in the aggravated DUI and boating forms, which require conduct "so gross, wanton and culpable as to show a reckless disregard for human life" (18.2-36.1(B), 18.2-36.2(B)). That phrase is an element of those aggravated offenses; the Code does not apply it to involuntary manslaughter generally, although case law such as Noakes uses the same phrase for an involuntary manslaughter based on a lawful act.

A death caused accidentally during some other felony is a different offense. Under 18.2-33, "The killing of one accidentally, contrary to the intention of the parties, while in the prosecution of some felonious act other than those specified in §§ 18.2-31 and 18.2-32, is murder of the second degree," punishable by 5 to 40 years. That offense is murder, not manslaughter, and is outside this page.

Vehicular and DUI manslaughter in Virginia

Virginia has no offense named vehicular manslaughter or vehicular homicide. Instead, Va. Code 18.2-36.1 makes certain intoxicated-driving deaths a statutory form of involuntary manslaughter:

"A. Any person who, as a result of driving under the influence in violation of clause (ii), (iii), or (iv) of § 18.2-266 or any local ordinance substantially similar thereto unintentionally causes the death of another person, shall be guilty of involuntary manslaughter. B. If, in addition, the conduct of the defendant was so gross, wanton and culpable as to show a reckless disregard for human life, he shall be guilty of aggravated involuntary manslaughter, a felony punishable by a term of imprisonment of not less than one nor more than 20 years, one year of which shall be a mandatory minimum term of imprisonment."

Which DUI violations the section covers

Section 18.2-266 lists five ways to drive under the influence, and 18.2-36.1 names three of them:

• Clause (ii): driving while under the influence of alcohol.
• Clause (iii): driving under the influence of any narcotic drug or other self-administered intoxicant or drug, or any combination of drugs, "to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely."
• Clause (iv): driving under the combined influence of alcohol and any drug or drugs, to a degree which impairs the ability to drive safely.

The section does not list clause (i), driving with a blood alcohol concentration of 0.08 percent or more, or clause (v), driving with a listed drug in the blood at or above a set level. For DUI penalties when no one dies, see Virginia DUI laws.

Penalties for DUI involuntary manslaughter

The basic offense under 18.2-36.1(A) is involuntary manslaughter, which 18.2-36 makes a Class 5 felony: 1 to 10 years, or up to 12 months in jail and a fine of up to $2,500, either or both. The aggravated offense under 18.2-36.1(B) carries 1 to 20 years, with one year a mandatory minimum term of imprisonment.

Subsection (C) adds that the section "shall not preclude prosecution under any other homicide statute," and that "The driver's license of any person convicted under this section shall be revoked pursuant to subsection B of § 46.2-391." Under 46.2-391(B), the Commissioner "shall forthwith revoke and not thereafter reissue the driver's license" of a person convicted under 18.2-36.1. Subsection C of 46.2-391 allows a person revoked under subsection B to petition the circuit court for restoration of the privilege to drive, and the court may authorize a restricted license on conditions that include an ignition interlock; the details are in that section.

Other driving deaths

The Homicide article (Article 1 of Chapter 4 of Title 18.2) contains no separate vehicular homicide section for a driving death that does not involve driving under the influence, but Title 46.2 grades several driving offenses by a resulting death. They include:

• Racing or exhibition driving (46.2-865.1(A)(2)). Racing or exhibition driving in violation of 46.2-865(B) or (C), in a manner so gross, wanton and culpable as to show a reckless disregard for human life, that causes the death of another person is a felony punishable by 1 to 20 years. The court must also suspend the driver's license for 1 to 3 years (46.2-865.1(B)).
• Reckless driving while suspended or revoked (46.2-868(B)). Reckless driving by a person driving without a valid license due to a suspension or revocation for a moving violation, where the reckless driving is the sole and proximate cause of a death, is a Class 6 felony.
• Careless or distracted driving and vulnerable road users (46.2-816.1(B)). Careless or distracted driving that is the proximate cause of the death of a vulnerable road user who is lawfully present on the highway is a Class 1 misdemeanor. Vulnerable road users include pedestrians, people operating or riding bicycles, scooters, skateboards, wheelchairs and similar devices, and people riding an animal (46.2-816.1(A)).
• Eluding police (46.2-817(C)). If a law enforcement officer pursues a person for a felony eluding violation under 46.2-817(B) and the officer is killed as a direct and proximate result of the pursuit, the person is guilty of a Class 4 felony.

A driver involved in an accident in which a person is killed or injured must stop, report the driver's name, address, license number and vehicle registration number to the police or the other persons the statute lists, and render reasonable assistance to anyone injured. A violation is a Class 5 felony if the accident results in injury to or the death of any person (46.2-894). For more, see Virginia hit-and-run laws.

Boating deaths

Va. Code 18.2-36.2 applies the same structure to a person who, "as a result of operating a watercraft or motorboat in violation of clause (ii), (iii), or (iv) of subsection B of § 29.1-738 or a similar local ordinance, unintentionally causes the death of another person." The basic offense is involuntary manslaughter; with conduct "so gross, wanton, and culpable as to show a reckless disregard for human life," it is aggravated involuntary manslaughter, 1 to 20 years with a one-year mandatory minimum.

Fentanyl distribution deaths

Va. Code 18.2-36.3, added by 2025 Acts chapters 719 and 721 effective July 1, 2025, makes a person guilty of involuntary manslaughter who:

"knowingly, intentionally, and feloniously manufactures, sells, or distributes a controlled substance knowing that such controlled substance contains a detectable amount of fentanyl ... in violation of Article 1 (§ 18.2-247 et seq.) of Chapter 7 and unintentionally causes the death of another person ... if (i) such death results from the use of the controlled substance and (ii) such controlled substance is the proximate cause of the death regardless of the time or place death occurred"

Subsection (C) carves out an accommodation sale. If the person proves the substance was given or distributed only as an accommodation to another individual who is not an inmate, "and not with intent to profit thereby from any consideration received or expected nor to induce the recipient or intended recipient of the controlled substance to use or become addicted to or dependent upon such controlled substance," the person is not guilty of involuntary manslaughter but "is guilty of an accommodation sale punishable as a Class 6 felony." A Class 6 felony carries 1 to 5 years, or up to 12 months in jail and a fine of up to $2,500, either or both (18.2-10(f)).

Recent changes

• 2025: 2025 Acts chapters 719 and 721, effective July 1, 2025, added 18.2-36.3, involuntary manslaughter for fentanyl-distribution deaths.
• 2021: 2021 Special Session I, chapter 460 added 18.2-37.1, the ban on sex, gender, gender identity or sexual orientation as a defense or as provocation negating malice.

The legislative history notes for 18.2-35 and 18.2-36 end in 1972 and 1982, and the notes for 18.2-36.1 and 18.2-36.2 end in 2004 and 2005.

Federal law

Federal law (18 U.S.C. 1112) separately covers manslaughter on federal land and in other areas of federal jurisdiction; see our manslaughter hub for the federal layer.

Related Virginia pages

• Manslaughter laws by state
• Virginia felony and misdemeanor classes
• Virginia DUI laws
• Virginia self-defense laws
• Virginia hit-and-run laws

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

Last updated: 2026-10-17.

Frequently Asked Questions

Is manslaughter a felony in Virginia?

Yes. Va. Code 18.2-30 makes every form of murder and manslaughter a felony, and 18.2-35 and 18.2-36 make voluntary and involuntary manslaughter Class 5 felonies.

What is the sentence for manslaughter in Virginia?

Voluntary and involuntary manslaughter carry the Class 5 felony range in 18.2-10(e): 1 to 10 years of imprisonment, or, at the jury's or court's discretion, up to 12 months in jail and a fine of up to $2,500, either or both. Aggravated involuntary manslaughter by intoxicated driving or boating carries 1 to 20 years with a one-year mandatory minimum.

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

The Code gives both the same Class 5 punishment and defines neither. Under Barrett v. Commonwealth (1986), voluntary manslaughter is a killing done in the heat of passion and upon reasonable provocation. In Noakes v. Commonwealth (2010), the Supreme Court of Virginia described involuntary manslaughter as the accidental killing of a person, contrary to the intention of the parties, in the prosecution of some unlawful, but not felonious, act, or in the improper performance of a lawful act. The Code adds statutory forms for intoxicated driving, boating and fentanyl-distribution deaths.

What is the charge for a DUI death in Virginia?

Unintentionally causing a death as a result of driving under the influence in violation of clause (ii), (iii) or (iv) of 18.2-266 is involuntary manslaughter under 18.2-36.1(A), a Class 5 felony. If the conduct was so gross, wanton and culpable as to show a reckless disregard for human life, it is aggravated involuntary manslaughter, 1 to 20 years with a one-year mandatory minimum.

Is a driver's license revoked after DUI manslaughter in Virginia?

Yes. Under 18.2-36.1(C) and 46.2-391(B), the Commissioner must revoke, and not thereafter reissue, the driver's license of a person convicted under 18.2-36.1. Section 46.2-391(C) provides a circuit court petition process for restoration of the privilege to drive.

Is selling fentanyl that causes a death manslaughter in Virginia?

Under 18.2-36.3, in effect since July 1, 2025, knowingly manufacturing, selling or distributing a controlled substance known to contain fentanyl, in violation of the drug laws in Article 1 of Chapter 7 of Title 18.2, is involuntary manslaughter when its use unintentionally causes a death and it is the proximate cause. A person who proves an accommodation sale without intent to profit or to induce use is guilty instead of a Class 6 felony.

Does Virginia ban the gay or trans panic defense?

Yes. Va. Code 18.2-37.1, enacted in 2021, provides that another person's actual or perceived sex, gender, gender identity or sexual orientation, by itself or together with an oral solicitation, is not a defense to murder or voluntary manslaughter and is not provocation negating malice.