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Manslaughter in Washington: Degrees, Sentences and Vehicular Homicide

Independently fact-checkedBy Recording Law Editorial Team18 min read

Independently fact-checked against primary sources (last audited October 18, 2026). · 31 primary sources cited on this page. How we verify our legal content

Manslaughter in Washington: Degrees, Sentences and Vehicular Homicide

Washington has two manslaughter offenses, set by the defendant's mental state: manslaughter in the first degree under RCW 9A.32.060, recklessly causing the death of another person, a class A felony, and manslaughter in the second degree under RCW 9A.32.070, causing a death with criminal negligence, a class B felony. The main driving-death offense is a separate class A felony, vehicular homicide (RCW 46.61.520), and Washington's code does not use the terms voluntary or involuntary manslaughter.

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 Washington statutes on homicide below murder: manslaughter in the first and second degree (RCW 9A.32.060 and 9A.32.070), vehicular homicide (RCW 46.61.520), homicide by watercraft (RCW 79A.60.050), controlled substances homicide (RCW 69.50.415), the culpability definitions in RCW 9A.08.010, and the sentencing statutes that set the penalty. It does not cover murder sentencing (see how long a life sentence is in Washington and our overview of murder sentencing guidelines), self-defense (see Washington self-defense laws), civil lawsuits by surviving family (see Washington wrongful death law), or federal offenses, which the manslaughter laws hub covers.

What is manslaughter in Washington?

Manslaughter in Washington is a homicide graded by degree, and the degree turns on the defendant's mental state. The first-degree statute reads:

"(1) A person is guilty of manslaughter in the first degree when: (a) He or she recklessly causes the death of another person; or (b) He or she intentionally and unlawfully kills an unborn quick child by inflicting any injury upon the mother of such child. (2) Manslaughter in the first degree is a class A felony." RCW 9A.32.060

The second-degree statute is shorter:

"(1) A person is guilty of manslaughter in the second degree when, with criminal negligence, he or she causes the death of another person. (2) Manslaughter in the second degree is a class B felony." RCW 9A.32.070

So recklessness is the line between the degrees. A reckless killing is first-degree manslaughter; a killing caused by criminal negligence, the lesser mental state, is second-degree manslaughter. The first-degree statute also has a second form, aimed at a specific act: intentionally and unlawfully killing an unborn quick child by inflicting an injury on the mother.

Chapter 9A.32 RCW, the homicide chapter, contains sections on homicide defined, premeditation, murder in the first and second degree, homicide by abuse, and manslaughter in the first and second degree. Neither manslaughter section contains heat-of-passion, sudden-quarrel or provocation language.

Washington manslaughter and homicide offenses at a glance

OffenseStatuteWhat it requiresClassStatutory penalty range
Manslaughter in the first degreeRCW 9A.32.060Recklessly causing the death of another person, or intentionally and unlawfully killing an unborn quick child by inflicting an injury on the motherClass A felony; seriousness level XIUp to life and a $50,000 fine; standard range 78 to 102 months at offender score 0, 210 to 280 months at score 9 or more
Manslaughter in the second degreeRCW 9A.32.070Causing the death of another person with criminal negligenceClass B felony; seriousness level VIIIUp to 10 years and a $20,000 fine; standard range 21 to 27 months at offender score 0, 108 to 144 months at score 9 or more
Vehicular homicide, under the influence or reckless mannerRCW 46.61.520(1)(a)-(b)A death within three years as a proximate result of injury caused by driving while under the influence of intoxicating liquor or any drug, or in a reckless mannerClass A felony; seriousness level XIUp to life; standard range 78 to 102 months at offender score 0; for the under-the-influence form, two years added per prior offense and 12 months per child passenger under 16
Vehicular homicide, disregard for the safety of othersRCW 46.61.520(1)(c)A death within three years as a proximate result of injury caused by driving with disregard for the safety of othersClass A felony; seriousness level VIIUp to life; standard range 15 to 20 months at offender score 0, 87 to 116 months at score 9 or more
Homicide by watercraftRCW 79A.60.050A death within three years as a proximate result of injury caused by operating a vessel under the influence, in a reckless manner, or with disregard for the safety of others (not a death caused by a towed skier)Class A felony; seriousness level IX (under the influence), VIII (reckless) or VII (disregard)Up to life and a $50,000 fine
Negligent driving with a vulnerable user victim in the first degreeRCW 46.61.5259Driving negligently in a way that endangers or is likely to endanger any person or property and proximately causing the death of a vulnerable user of a public way, such as a pedestrian or a person on a bicycle, moped or motorized foot scooter (in effect January 1, 2025)Gross misdemeanorUp to 364 days, a $5,000 fine that may not be reduced below $1,000, and a 90-day license suspension
Controlled substances homicideRCW 69.50.415Unlawfully delivering a controlled substance in violation of RCW 69.50.401(2)(a), (b) or (c) that the recipient later uses, resulting in the recipient's deathClass B felony; drug-offense seriousness level IIIUp to 10 years and a $20,000 fine
Hit and run, accident resulting in deathRCW 46.52.020(4)(a)A driver covered by the statute failing to stop or meet its duties after an accident resulting in deathClass B felonyUp to 10 years and a $20,000 fine

The penalty ceilings come from RCW 9A.20.021(1): unless another statute sets a different maximum, a class A felony is punishable by up to life imprisonment, a $50,000 fine, or both, and a class B felony by up to 10 years, a $20,000 fine, or both. Within that ceiling, the court works from the sentencing grid in RCW 9.94A.510, whose rows are the seriousness levels assigned in RCW 9.94A.515 and whose columns run from offender score 0 to 9 or more. Our guide to how Washington sentences each felony class explains the class system in more detail.

Washington manslaughter laws (voluntary, involuntary, vehicular and DUI manslaughter): vehicular homicide and DUI manslaughter

A standard range at offender score 0 is the low end of the grid, not the maximum. The statutory maximum for every class A offense in the table is life.

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

Yes. Both degrees are felonies: manslaughter in the first degree is class A (RCW 9A.32.060(2)) and manslaughter in the second degree is class B (RCW 9A.32.070(2)).

First degree. Up to life imprisonment, a $50,000 fine, or both (RCW 9A.20.021(1)(a)). The offense sits at seriousness level XI, where the standard range is 78 to 102 months at an offender score of 0 and 210 to 280 months at a score of 9 or more (RCW 9.94A.510, 9.94A.515).

Second degree. Up to 10 years, a $20,000 fine, or both (RCW 9A.20.021(1)(b)). The offense sits at seriousness level VIII, where the standard range is 21 to 27 months at an offender score of 0 and 108 to 144 months at a score of 9 or more.

The Sentencing Reform Act's definitions in RCW 9.94A.030 put the offenses into two categories that other sentencing rules rely on. "Serious violent offense" includes "Manslaughter in the first degree." "Violent offense" includes any class A felony, manslaughter in the first and second degree, and vehicular homicide "when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner." Because every form of vehicular homicide is a class A felony, the disregard-for-safety form also falls within the class A branch of that definition.

One consequence is written into the first-time offender waiver. RCW 9.94A.650(1) applies only to a person convicted of a felony that is not "(a) Classified as a violent offense or a sex offense under this chapter," so the waiver is not available for first- or second-degree manslaughter or for vehicular homicide.

Voluntary and involuntary manslaughter in Washington

Washington's statutes do not use the words voluntary or involuntary manslaughter. A reader looking for those terms will find the line drawn instead by mental state:

  • Reckless killing: manslaughter in the first degree (RCW 9A.32.060).
  • Criminally negligent killing: manslaughter in the second degree (RCW 9A.32.070).

Both mental states are defined once, for all of Title 9A, in RCW 9A.08.010:

"(c) RECKLESSNESS. A person is reckless or acts recklessly when he or she knows of and disregards a substantial risk that a wrongful act may occur and his or her disregard of such substantial risk is a gross deviation from conduct that a reasonable person would exercise in the same situation. (d) CRIMINAL NEGLIGENCE. A person is criminally negligent or acts with criminal negligence when he or she fails to be aware of a substantial risk that a wrongful act may occur and his or her failure to be aware of such substantial risk constitutes a gross deviation from the standard of care that a reasonable person would exercise in the same situation." RCW 9A.08.010(1)(c)-(d)

The difference is awareness. Recklessness requires that the person knows of the risk and disregards it; criminal negligence is a failure to be aware of the risk. Both require a gross deviation from what a reasonable person would do. The same section adds that when criminal negligence is the element, it "also is established if a person acts intentionally, knowingly, or recklessly" (RCW 9A.08.010(2)).

Below criminal negligence, the code treats a death as excusable: "Homicide is excusable when committed by accident or misfortune in doing any lawful act by lawful means, without criminal negligence, or without any unlawful intent" (RCW 9A.16.030).

Heat of passion and the panic-defense ban

The manslaughter sections contain no heat-of-passion, sudden-quarrel or extreme-emotional-disturbance language, so Washington's statutes set out no provocation rule that reduces a murder to manslaughter.

What the code does contain is a pair of 2020 limits on claims based on the victim's identity, enacted as Laws of 2020, chapter 3:

"A defendant does not suffer from diminished capacity based on 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 nonforcible romantic or sexual advance towards the defendant, or in which the defendant and victim dated or had a romantic or sexual relationship." RCW 9A.08.040

The companion section, RCW 9A.16.025, provides that a person "is not justified in using force against another based on the discovery of, knowledge about, or potential disclosure of the victim's actual or perceived gender, gender identity, gender expression, or sexual orientation." Self-defense and other justification rules are covered on our Washington self-defense laws page.

Vehicular homicide and DUI deaths in Washington

Washington has no offense named DUI manslaughter or vehicular manslaughter. A death caused by impaired driving is the under-the-influence form of vehicular homicide, the same class A felony that covers reckless driving deaths:

"(1) When the death of any person ensues within three years as a proximate result of injury proximately caused by the driving of any vehicle by any person, the driver is guilty of vehicular homicide if the driver was operating a motor vehicle: (a) While under the influence of intoxicating liquor or any drug, as defined by RCW 46.61.502; or (b) In a reckless manner; or (c) With disregard for the safety of others. (2) Vehicular homicide is a class A felony punishable under chapter 9A.20 RCW, except that, for a conviction under subsection (1)(a) of this section, an additional two years shall be added to the sentence for each prior offense as defined in RCW 46.61.5055." RCW 46.61.520

Several points follow from the text.

Three alternative means, one class. Driving under the influence, driving in a reckless manner and driving with disregard for the safety of others each support a vehicular homicide conviction, and each is a class A felony with a statutory maximum of life (RCW 9A.20.021(1)(a)).

Different grid levels. The under-the-influence and reckless-manner forms sit at seriousness level XI, the same level as first-degree manslaughter (standard range 78 to 102 months at offender score 0). The disregard-for-safety form sits at level VII (15 to 20 months at offender score 0) (RCW 9.94A.510, 9.94A.515).

Prior offenses and child passengers add time. For the under-the-influence form, two years are added to the standard range for each prior offense as RCW 46.61.5055 defines that term, and 12 months are added for each child passenger under 16 in the vehicle. Both enhancements are mandatory, served in total confinement and run consecutively (RCW 46.61.520(2), 9.94A.533(7), (13)).

The death can come later. The statute reaches a death that ensues within three years of the injury.

License revocation. On a final conviction for vehicular homicide, the Department of Licensing revokes the driver's license for two years, and "the revocation period shall be tolled during any period of total confinement for the offense" (RCW 46.20.285(1)).

Negligent driving that kills a vulnerable road user. Since January 1, 2025, a driver who operates a vehicle "in a manner that is both negligent and endangers or is likely to endanger any person or property, and he or she proximately causes the death of a vulnerable user of a public way" commits negligent driving with a vulnerable user victim in the first degree, a gross misdemeanor punished by up to 364 days, a $5,000 fine that may not be reduced below $1,000, and a 90-day suspension of driving privileges (RCW 46.61.5259). Vulnerable users include pedestrians, people riding an animal, and people on a bicycle, electric-assisted bicycle, moped, motor-driven cycle or motorized foot scooter, among others listed in the statute.

The non-fatal companion offense, vehicular assault, is a class B felony (RCW 46.61.522(2)). For impaired-driving penalties when no one dies, see Washington DUI laws.

Leaving the scene, eluding police and racing

Hit and run. A driver covered by the hit-and-run statute who fails to stop or meet its requirements "in the case of an accident resulting in death is guilty of a class B felony" (RCW 46.52.020(4)(a)), punishable up to 10 years, a $20,000 fine, or both. Our Washington hit-and-run laws page covers the duties to stop and render aid.

Attempting to elude a police vehicle. A driver who willfully fails to stop and drives in a reckless manner while attempting to elude a pursuing police vehicle, after a visual or audible signal to stop, is guilty of a class C felony (RCW 46.61.024(1)). The eluding statute has no separate grade for a resulting death; a death caused by the driving falls under the vehicular homicide statute when its elements are met.

Racing. The racing section, RCW 46.61.530, was amended in 2023 (Laws of 2023, chapter 283). It sets no grade for a resulting death, but it preserves other charges: "Nothing in this section prohibits a person from being charged under other provisions of the law for other acts, results, incidents, damages, injuries, or deaths that occur as a result of, or in addition to, their participation in racing."

Driving while suspended or revoked. RCW 46.20.342 makes it unlawful to drive while in suspended or revoked status. It contains no tier for a resulting death.

Homicide by watercraft

Boating deaths have their own statute, built on the same three means as vehicular homicide:

"(1) When the death of any person ensues within three years as a proximate result of injury proximately caused by the operating of any vessel by any person, the operator is guilty of homicide by watercraft if he or she was operating the vessel: (a) While under the influence of intoxicating liquor or any drug, as defined by RCW 79A.60.040; (b) In a reckless manner; or (c) With disregard for the safety of others." RCW 79A.60.050(1)

The statute excludes a death caused by a skier towed by the vessel (RCW 79A.60.050(2)). A violation "is punishable as a class A felony according to chapter 9A.20 RCW" (RCW 79A.60.050(3)). In the sentencing table, the under-the-influence form sits at seriousness level IX, the reckless form at level VIII and the disregard form at level VII (RCW 9.94A.515).

Other homicide offenses below murder

Controlled substances homicide. A person who unlawfully delivers a controlled substance in violation of RCW 69.50.401(2)(a), (b) or (c), "which controlled substance is subsequently used by the person to whom it was delivered, resulting in the death of the user, is guilty of controlled substances homicide" (RCW 69.50.415(1)). It is a class B felony punishable under chapter 9A.20, so up to 10 years and a $20,000 fine, and RCW 9.94A.518 places it at drug-offense seriousness level III.

Unborn quick child. The only unborn-victim homicide provision in the manslaughter sections is the second form of first-degree manslaughter: intentionally and unlawfully killing an unborn quick child by inflicting an injury on the mother (RCW 9A.32.060(1)(b)), a class A felony. The vehicular homicide and watercraft statutes speak of the death of "any person."

Homicide by abuse. Causing the death of a child under 16, a developmentally disabled person or a dependent adult, under circumstances manifesting an extreme indifference to human life, after a pattern or practice of assault or torture, is homicide by abuse, a class A felony (RCW 9A.32.055). The Sentencing Reform Act lists it alongside murder as a serious violent offense; see our overview of murder sentencing guidelines.

Other offenses graded by a resulting death

Washington manslaughter laws (voluntary, involuntary, vehicular and DUI manslaughter): sentencing and parole eligibility

  • Negligently causing death by use of a signal preemption device, RCW 46.37.675: a death resulting from operating an unauthorized device that changes traffic signals; class B felony.
  • Dog attack causing severe injury or death of a human, RCW 16.08.100(3): the dog's owner commits a class C felony.
  • Community endangerment due to unsafe storage of a firearm in the first degree, RCW 9.41.360: a person stores or leaves a firearm where the person knows, or reasonably should know, a prohibited person may gain access, and a prohibited person obtains it and causes personal injury or death with it; class C felony. The section does not apply if, among other exceptions, the firearm was in secure gun storage or secured with a trigger lock or similar device (RCW 9.41.360(3)).

Related offenses whose grades do not turn on a death:

  • Hazing at an institution of higher education, RCW 28B.10.901(2) (amended by Laws of 2023, chapter 196): gross misdemeanor; class C felony when it causes substantial bodily harm.
  • Criminal mistreatment in the first degree, RCW 9A.42.020: class B felony.
  • Promoting a suicide attempt, RCW 9A.36.060, knowingly causing or aiding another person to attempt suicide: class C felony.

Recent changes

Laws of 2023, chapter 471, effective January 1, 2025, created negligent driving with a vulnerable user victim in the first degree (RCW 46.61.5259), a gross misdemeanor for a negligent-driving death of a vulnerable road user, and limited the second-degree infraction (RCW 46.61.526) to great or substantial bodily harm. Conduct before that date is governed by the earlier versions of those sections. The 2020 identity-based limits on diminished capacity and use of force (Laws of 2020, chapter 3, codified at RCW 9A.08.040 and 9A.16.025) are the most recent change touching the manslaughter statutes' defenses. No act of the 2025 or 2026 regular sessions amended RCW 9A.32.060, 9A.32.070, 46.61.520, 9A.08.010, 9A.08.040, 9A.16.025 or 69.50.415.

A leading case

In State v. Gamble, 154 Wn.2d 457, 114 P.3d 646 (2005), the Washington Supreme Court held that "manslaughter is not a lesser included offense of second degree felony murder where second degree assault ... is the predicate felony," and concluded that the Court of Appeals had erred in remanding for entry of a first-degree manslaughter conviction.

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

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

Last updated: 2026-10-17.

Frequently Asked Questions

Is manslaughter a felony in Washington?

Yes. Manslaughter in the first degree is a class A felony (RCW 9A.32.060) and manslaughter in the second degree is a class B felony (RCW 9A.32.070). Vehicular homicide (RCW 46.61.520) is also a class A felony.

What is the sentence for first-degree manslaughter in Washington?

The statutory maximum is life imprisonment, a $50,000 fine, or both (RCW 9A.20.021(1)(a)). The offense is at seriousness level XI, where the standard range is 78 to 102 months at an offender score of 0 and 210 to 280 months at a score of 9 or more (RCW 9.94A.510).

What is the sentence for second-degree manslaughter in Washington?

Up to 10 years, a $20,000 fine, or both (RCW 9A.20.021(1)(b)). At seriousness level VIII, the standard range is 21 to 27 months at an offender score of 0 and 108 to 144 months at a score of 9 or more.

Does Washington have voluntary and involuntary manslaughter?

Not by those names. Washington grades manslaughter by degree: first degree is recklessly causing a death (RCW 9A.32.060) and second degree is causing a death with criminal negligence (RCW 9A.32.070). The manslaughter sections contain no heat-of-passion language.

What is the difference between reckless and criminally negligent in Washington?

Under RCW 9A.08.010, a reckless person knows of and disregards a substantial risk that a wrongful act may occur; a criminally negligent person fails to be aware of that risk. In both, the conduct must be a gross deviation from what a reasonable person would do.

What is the charge for a DUI death in Washington?

Vehicular homicide under RCW 46.61.520(1)(a), a class A felony at seriousness level XI, when the death ensues within three years as a proximate result of injury caused by driving under the influence. Two years are added to the standard range for each prior offense as defined in RCW 46.61.5055 and 12 months for each child passenger under 16 in the vehicle, both mandatory and consecutive (RCW 9.94A.533(7), (13)), and the license is revoked for two years (RCW 46.20.285(1)).

Is vehicular homicide by disregard for safety treated the same as reckless vehicular homicide?

Both are class A felonies under RCW 46.61.520, but the sentencing grid treats them differently: the reckless and under-the-influence forms are at seriousness level XI (78 to 102 months at offender score 0) and the disregard-for-safety form is at level VII (15 to 20 months at offender score 0).

Does Washington ban the gay or trans panic defense?

Yes, in two statutes from 2020 (Laws of 2020, chapter 3). A defendant does not suffer diminished capacity, and force is not justified, based on the discovery of, knowledge about, or potential disclosure of the victim's actual or perceived gender, gender identity, gender expression or sexual orientation (RCW 9A.08.040, 9A.16.025).

Is a drug overdose death manslaughter in Washington?

Washington has a separate offense, controlled substances homicide (RCW 69.50.415): an unlawful delivery in violation of RCW 69.50.401(2)(a), (b) or (c) of a controlled substance that the recipient later uses, resulting in death. It is a class B felony, up to 10 years and a $20,000 fine.

Updates

Independently fact-checked against the cited primary sources

Sources and References

  1. RCW 9A.32.060 Manslaughter in the first degree(app.leg.wa.gov).gov
  2. RCW 9A.32.070 Manslaughter in the second degree(app.leg.wa.gov).gov
  3. RCW 46.61.520 Vehicular homicide, penalty(app.leg.wa.gov).gov
  4. RCW 9A.20.021 Maximum sentences for crimes committed July 1, 1984, and after(app.leg.wa.gov).gov
  5. RCW 9.94A.510 Table 1, sentencing grid(app.leg.wa.gov).gov
  6. RCW 9.94A.515 Table 2, crimes included within each seriousness level(app.leg.wa.gov).gov
  7. RCW 46.20.285 Offenses requiring revocation(app.leg.wa.gov).gov
  8. RCW 46.52.020 Duty in case of injury to or death of person or damage to attended vehicle or other property(app.leg.wa.gov).gov
  9. RCW 9A.08.040 Diminished capacity, victim identity(app.leg.wa.gov).gov
  10. RCW 69.50.415 Controlled substances homicide, penalty(app.leg.wa.gov).gov
  11. RCW 9.94A.030 Sentencing Reform Act definitions(app.leg.wa.gov).gov
  12. RCW 9.94A.650 First-time offender waiver(app.leg.wa.gov).gov
  13. RCW 9A.08.010 General requirements of culpability(app.leg.wa.gov).gov
  14. RCW 9A.16.030 Homicide, when excusable(app.leg.wa.gov).gov
  15. RCW 9A.16.025 Use of force, victim identity(app.leg.wa.gov).gov
  16. RCW 46.61.522 Vehicular assault, penalty(app.leg.wa.gov).gov
  17. RCW 46.61.024 Attempting to elude police vehicle(app.leg.wa.gov).gov
  18. RCW 46.61.530 Racing of vehicles on highways(app.leg.wa.gov).gov
  19. RCW 46.20.342 Driving while license invalidated(app.leg.wa.gov).gov
  20. RCW 79A.60.050 Homicide by watercraft, penalty(app.leg.wa.gov).gov
  21. RCW 9.94A.518 Table 4, drug offenses seriousness level(app.leg.wa.gov).gov
  22. RCW 9A.32.055 Homicide by abuse(app.leg.wa.gov).gov
  23. RCW 46.37.675 Signal preemption device, negligently causing death(app.leg.wa.gov).gov
  24. RCW 16.08.100 Dangerous dogs, attacks causing severe injury or death(app.leg.wa.gov).gov
  25. RCW 28B.10.901 Hazing prohibited, penalty(app.leg.wa.gov).gov
  26. RCW 9A.42.020 Criminal mistreatment in the first degree(app.leg.wa.gov).gov
  27. RCW 9A.36.060 Promoting a suicide attempt(app.leg.wa.gov).gov
  28. State v. Gamble, 154 Wn.2d 457, 114 P.3d 646 (2005), Caselaw Access Project text(static.case.law)
  29. RCW 46.61.5259 Negligent driving with a vulnerable user victim, first degree(app.leg.wa.gov).gov
  30. RCW 46.61.526 Negligent driving with a vulnerable user victim, second degree(app.leg.wa.gov).gov
  31. RCW 9.94A.533 Adjustments to standard sentences(app.leg.wa.gov).gov
  32. RCW 9.41.360 Unsafe storage of a firearm(app.leg.wa.gov).gov
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