West Virginia Manslaughter Laws: Voluntary, Involuntary and DUI Deaths

West Virginia has two manslaughter offenses, voluntary and involuntary, but its code sets only their penalties: voluntary manslaughter "shall be punished by a definite term of imprisonment in the penitentiary which is not less than five nor more than 25 years" (W. Va. Code 61-2-4, as amended effective June 9, 2026), while involuntary manslaughter "is a misdemeanor" punishable by up to one year in jail, a fine of up to $1,000, or both (61-2-5). Driving deaths have their own statutes: vehicular homicide and aggravated vehicular homicide (17C-5-1) and DUI causing death (17C-5-2(b)).

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 West Virginia statutes on homicide below murder: voluntary and involuntary manslaughter (W. Va. Code 61-2-4, 61-2-5), the vehicular homicide offenses (17C-5-1), DUI causing death (17C-5-2(b)), homicide by motorized watercraft (20-7-18a), the unborn-victim rule (61-2-30) and other state statutes that grade an offense by a resulting death. It does not cover murder sentencing (see how long a life sentence is in West Virginia and our overview of murder sentencing guidelines), self-defense (see West Virginia self-defense laws), civil claims by surviving family (see West Virginia wrongful death law), or federal offenses, which the manslaughter laws hub covers.

What is manslaughter in West Virginia?

West Virginia keeps the common-law split between voluntary and involuntary manslaughter. Each has a one-sentence statute that sets the penalty and nothing else:

"Voluntary manslaughter shall be punished by a definite term of imprisonment in the penitentiary which is not less than five nor more than 25 years. A person imprisoned pursuant to the provisions of this section is not eligible for parole prior to having served a minimum of five years of his or her sentence or the minimum period required by the provisions of §62-12-13 of this code, whichever is greater." W. Va. Code 61-2-4

"Involuntary manslaughter is a misdemeanor and, any person convicted thereof shall be confined in jail not to exceed one year, or fined not to exceed $1,000, or both, in the discretion of the court." W. Va. Code 61-2-5

Because neither section defines its offense, the elements come from decisions of the Supreme Court of Appeals of West Virginia, discussed below. The split matters for the "is manslaughter a felony" question: voluntary manslaughter is a penitentiary offense, while the statute calls involuntary manslaughter a misdemeanor.

Below murder, the main West Virginia offenses for causing a death include voluntary and involuntary manslaughter, vehicular homicide and aggravated vehicular homicide, vehicular homicide in a school zone or construction zone, DUI causing death, homicide by motorized watercraft, fleeing an officer causing death, and leaving the scene of a fatal crash.

West Virginia manslaughter and homicide offenses at a glance

The penalties above are set in each offense's own section. Our page on how West Virginia classifies felonies and misdemeanors explains the state's general sentencing structure.

Voluntary manslaughter and provocation

Section 61-2-4 contains no heat-of-passion or provocation language. The Supreme Court of Appeals supplied the standard in State v. Hatfield, 169 W. Va. 191, 286 S.E.2d 402 (1982), quoting its earlier decision in State v. Starkey (1978):

"The term 'provocation' as it is used to reduce murder to voluntary manslaughter, consists of certain types of acts committed against the defendant which would cause a reasonable man to kill. Inherent in this concept is the further requirement that the provocation be such that it would cause a reasonable person to lose control of himself (act out of the heat of passion) and that he in fact did so." State v. Hatfield, quoting State v. Starkey

The same passage adds that "provocation is not a defense to the crime, but merely reduces the degree of culpability," which is why, under Mullaney v. Wilbur, the burden of proving provocation cannot be shifted to the defendant. It also notes that "One of the most common types of provocation is an unprovoked assault on the defendant who responds in the heat of passion by killing the assailant. This ordinarily limits the degree of culpability to voluntary manslaughter."

Penalty change in 2026. Senate Bill 137 (2026), Chapter 98 of the 2026 Acts, in effect June 9, 2026, enacted the current 5-to-25-year term. Its title describes it as "increasing the minimum and maximum term of imprisonment for voluntary manslaughter." An offense committed before June 9, 2026 was subject to the lower range in force at that time. The same act raised second-degree murder to 15 to 60 years (61-2-3).

Panic defense. No West Virginia statute limits a provocation claim based on a victim's sexual orientation or gender identity; neither manslaughter section contains provocation language at all. Self-defense and other justifications are covered on our West Virginia self-defense laws page.

Involuntary manslaughter

Section 61-2-5 makes involuntary manslaughter a misdemeanor and sets the penalty, without defining the offense. For deaths caused by driving, State v. Vollmer, 163 W. Va. 711, 259 S.E.2d 837 (1979), states the threshold:

"Our cases involving an involuntary manslaughter charge arising from a death resulting from the operation of a motor vehicle follow the general law and require something more than an act of ordinary negligence or the violation of a motor vehicle statute to sustain the conviction." State v. Vollmer (W. Va. 1979)

Vollmer predates the 2025 rewrite of the vehicular homicide statute described below.

Vehicular homicide and DUI deaths in West Virginia

West Virginia has no offense named vehicular manslaughter or DUI manslaughter. Driving deaths are charged under a ladder in Chapter 17C, and each requires that the death occur within one year.

Vehicular homicide and aggravated vehicular homicide

Section 17C-5-1(a) provides:

"When the death of any person, including an embryo or fetus as defined in §61-2-30 of this code, other than the person operating the motor vehicle, ensues within one year as the proximate result of injury caused by the driving of any motor vehicle anywhere in this state by any person in reckless disregard for the safety of others, the person operating the motor vehicle is guilty of vehicular homicide."

Vehicular homicide is a misdemeanor: a fine of $1,000 to $10,000, up to one year in jail, or both (17C-5-1(b)). When the driving is in "deliberate disregard for the safety of others," the offense is aggravated vehicular homicide, a felony punishable by a fine of up to $20,000, a definite term of one to five years in a state correctional facility, or both (17C-5-1(c)). The statute defines the term:

"(d) For the purposes of this section, a person who acts with deliberate disregard for the safety of others if he or she has knowledge of facts or intentionally disregards facts that create high probability of injury to the safety of others and: (1) deliberately proceeds to act in conscious or intentional disregard of the high degree of probability of injury to the safety of others; or (2) deliberately proceeds to act with indifference to the high probability of injury to or the safety of others." W. Va. Code 17C-5-1(d)

"Reckless disregard" is not defined in the section.

School zones and construction zones. Vehicular homicide in a school zone "during school recess or while children are going to or leaving school during opening or closing hours" (17C-5-1(e)), or where street or highway construction work is being performed (17C-5-1(g)), is a felony: a fine of $2,500 to $5,000, two to ten years, or both (17C-5-1(f), (h)).

Licence. Under 17C-5-1(i), "The commissioner shall revoke the license or permit to drive and any nonresident operating privilege of any person convicted of any offense contained within this section." Section 17B-3-5(1) separately requires revocation on a final conviction for "Manslaughter, homicide, or any offense contained within §17C-5-1 of this code, resulting from the operation of a motor vehicle."

The 2025 rewrite. House Bill 2871 (2025), Chapter 79 of the 2025 Acts, in effect July 10, 2025, rewrote 17C-5-1. Its title describes establishing the crimes of vehicular homicide, aggravated vehicular homicide, vehicular homicide in a school zone and vehicular homicide in a construction zone, and adding an embryo or fetus as a protected person. A death caused before July 10, 2025 falls under the version of the section then in force.

DUI causing death

Section 17C-5-2(b) has two tiers. The base tier, (b)(2), covers a person who drives "in an impaired state, and such impaired state proximately causes the death of any person, including an embryo or fetus." It is a felony punishable by three to 15 years and a fine of $1,000 to $3,000, with licence revocation "for a period of 10 years or for a period of time conditioned on participation in the test and lock program." If the person has a prior conviction under 17C-5-2, the revocation is for life or for a period conditioned on the test and lock program. "Impaired state" means being under the influence of alcohol, a controlled substance or another drug, or having a blood alcohol concentration of .08 or more (17C-5-2(a)(1)).

The higher tier, (b)(1), adds deliberate disregard, as defined in 17C-5-1:

"Any person who drives a vehicle in this state while he or she is in an impaired state and does so with deliberate disregard for the safety of others, as defined in §17C-5-1 of this code, and such impaired state and deliberate disregard for the safety of others proximately causes the death of any person, including an embryo or fetus as defined in §61-2-30 of this code, is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than five nor more than 30 years and shall be fined not less than $2,000 nor more than $10,000, and shall have his or her license to operate a motor vehicle revoked by the Commissioner of the Division of Motor Vehicles for life." W. Va. Code 17C-5-2(b)(1)

Under the same subdivision, the death must occur within one year of the offense, and "the sentence is mandatory, and not eligible for suspension pursuant to the provisions of §25-4-6 of this code, or an order for home incarceration." These penalties come from House Bill 4712 (2026), Baylea's Law, Chapter 103 of the 2026 Acts, in effect June 12, 2026, titled as "Increasing the criminal penalties for DUI causing death." A death caused before that date was subject to the penalties then in force. For DUI penalties when no one is killed, see West Virginia DUI laws.

Fleeing an officer causing death

Under 61-5-17(i), a person "who intentionally flees or attempts to flee in a vehicle from a law-enforcement officer, probation officer, or parole officer acting in his or her official capacity after the officer has given a clear visual or audible signal directing the person to stop, and who causes death to a person during or resulting from his or her flight," commits a felony punishable by five to 15 years. A second offense carries 15 years to life, and a third or later offense carries life. A person confined under the subsection is not eligible for parole before serving three years or the 62-12-13 minimum, whichever is greater. Senate Bill 138 (2025), in effect June 12, 2025, is titled as "creating offenses for second and third or subsequent offenses of fleeing from an officer."

Leaving the scene of a fatal crash

Section 17C-4-1(d) (part of "Erin's Law") applies to a driver "involved in a crash that proximately causes the death of another person who intentionally violates §17C-4-1(a) of this code when he or she knows or has reason to believe that another person has suffered physical injury in said crash." The driver is guilty of a felony, punishable by a fine of up to $5,000, one to five years, or both, and "any death underlying a prosecution under this subsection must occur within one year of the crash." The licence is revoked "for a period of one year from the date of conviction or the date of release from incarceration, whichever is later" (17C-4-1(f)). Our West Virginia hit-and-run laws page covers the duties after a crash.

Other driving offenses and a death

Reckless driving (17C-5-3) has a tier for serious bodily injury (30 days to one year in jail, a $50 to $1,000 fine, or both) but none for a death. Racing on public streets (17C-6-8) is a misdemeanor, with a $50 to $100 fine for a first offense and a six-month licence revocation. Driving on a suspended or revoked licence (17B-4-3) has no death tier; a third or later offense while revoked for DUI or refusal is a felony of one to three years and a $3,000 to $5,000 fine. A distracted-driving violation that causes a death is "also subject to prosecution under the applicable vehicular homicide provision of §17C-5-1" (17C-14-15).

Boating deaths

Section 20-7-18a applies the same ladder to motorboats, jet skis and other motorized vessels. Homicide by operation of motorized watercraft is a misdemeanor ($1,000 to $10,000, up to one year in jail, or both). When the death occurs within one year from operation "in deliberate disregard for the safety of others," it is aggravated homicide by use of motorized watercraft, a felony with a fine of up to $20,000, one to five years, or both. The director must suspend the person's boating privilege for five years from conviction (20-7-18a(e)).

Unborn victims

West Virginia's unborn-victim statute, 61-2-30(c), provides that for listed offenses "a pregnant woman and the embryo or fetus she is carrying in the womb constitute separate and distinct victims." The list includes voluntary manslaughter (61-2-4), murder (61-2-1), vehicular homicide (17C-5-1), DUI causing death or serious bodily injury (17C-5-2(b), (c)) and watercraft homicide (20-7-18a). It does not list involuntary manslaughter (61-2-5). Among the exceptions in 61-2-30(d), the section does not apply to acts during a legal abortion with the required consent, to listed acts or omissions by medical or health care personnel, or to "Acts or omissions of a pregnant woman with respect to the embryo or fetus she is carrying." House Bill 3302 (2023), Liam's Law, in effect June 9, 2023, added DUI causing death and serious bodily injury to this rule, and House Bill 2871 (2025) added vehicular homicide.

Other offenses graded by a resulting death

• Drug delivery resulting in death (60A-4-416(a)): a felony of 3 to 15 years when delivered without payment; 10 to 40 years when delivered for money or anything of value, with no parole before 10 years and no probation, home incarceration or suspension (60A-4-416(c)). The section was amended by Senate Bill 196 (2025), Lauren's Law, in effect July 11, 2025.
• Death of a child by a parent, guardian, custodian or person in a position of trust (61-8D-2a): 15 years to life, with no parole before 15 years. House Bill 5662 (2024), in effect June 5, 2024, added persons in a position of trust.
• Death of a child by malicious and intentional failure to supply necessities (61-8D-2(a)): first-degree murder, not manslaughter. See our overview of murder laws in the United States.
• Negligently shooting a person while hunting, resulting in serious bodily injury or death (20-2-57a(c)): a misdemeanor, up to $2,500, up to 1 year in jail, or both. Failing to render aid to a person who dies is a felony of 1 to 5 years, up to $5,000, or both (20-2-57a(g)).
• Hazing (18-16-3): a misdemeanor with no death tier, $100 to $1,000, up to 9 months in jail, or both.
• Child neglect resulting in death by a parent, guardian, custodian or person in a position of trust (61-8D-4a): a felony, 10 to 40 years, a $2,000 to $10,000 fine, or both.
• Death of an incapacitated adult (61-2-29a): a felony; 5 to 15 years and a fine of up to $5,000 for neglect, 5 to 25 years and a fine of up to $5,000 for gross neglect, and 5 to 40 years for abuse, with matching tiers for a caregiver who knowingly allows another person to commit them.
• Obstructing a law-enforcement, probation, parole, courthouse security or correctional officer, fire marshal, firefighter or emergency medical service worker, causing the death of one of them (61-5-17a): knowingly, willfully and forcibly obstructing one of these officials acting lawfully in an official capacity, and thereby proximately causing the death of one of them so acting; a felony, 15 years to life.
• Destructive device or explosives offense causing death (61-3E-5(c)): a violation of Article 3E that causes the death of any person; a felony, a definite term of 10 to 40 years.

Repeat offenders and other sentencing rules

• Recidivist statute. Voluntary manslaughter, aggravated vehicular homicide, DUI causing death, drug delivery resulting in death, death of a child by a parent, guardian, custodian or person in a position of trust (61-8D-2a), child neglect resulting in death (61-8D-4a), death of an incapacitated adult by a caregiver (61-2-29a), the felony provisions of the fleeing statute (61-5-17) and 61-5-17a are among the "qualifying offenses" in 61-11-18(a). When a person convicted of a qualifying offense had previously been convicted of a crime punishable by imprisonment in a state or federal correctional facility, the court must add 5 years to a definite-term sentence, or double the minimum of an indeterminate sentence (61-11-18(b)). With two prior convictions for crimes with the same or substantially similar elements as a qualifying offense, the sentence is life, but the most recent prior does not count if more than 20 years passed between release or the end of supervision for it and the current conduct (61-11-18(d)). House Bill 4755 (2026), in effect June 12, 2026, added aggravated vehicular homicide and 61-5-17a to the list.
• Parole on a definite term. An inmate is generally eligible for parole after serving one fourth of a definite term sentence (62-12-13(b)(1)(A)). For voluntary manslaughter, 61-2-4 sets the floor at 5 years or that minimum, whichever is greater.
• Firearm. "Any person who commits or attempts to commit a felony with the use, presentment, or brandishing of a firearm is not eligible for probation" (62-12-2(b)).

Recent changes

• June 9, 2023: Liam's Law (House Bill 3302) made an embryo or fetus a separate victim for DUI causing death or serious bodily injury.
• June 5, 2024: House Bill 5662 added persons in a position of trust to the child-death offense in 61-8D-2a.
• June 12, 2025: Senate Bill 138 created second- and third-offense tiers for fleeing an officer.
• July 10, 2025: House Bill 2871 rewrote the vehicular homicide ladder in 17C-5-1, amended the watercraft homicide section, and added vehicular homicide to the unborn-victim list.
• July 11, 2025: Senate Bill 196 (Lauren's Law) amended drug delivery resulting in death.
• June 9, 2026: Senate Bill 137 raised voluntary manslaughter to 5 to 25 years.
• June 12, 2026: House Bill 4712 (Baylea's Law) set the current penalties for DUI causing death with deliberate disregard, and House Bill 4755 added aggravated vehicular homicide and obstructing an officer, firefighter or emergency medical worker causing death to the recidivist statute's qualifying offenses (61-11-18).

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
• West Virginia hit-and-run laws
• West Virginia DUI laws
• West Virginia felony and misdemeanor classes
• Degrees of manslaughter explained

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

Last updated: 2026-10-17.

Frequently Asked Questions

What is manslaughter in West Virginia?

West Virginia has voluntary manslaughter (W. Va. Code 61-2-4) and involuntary manslaughter (61-2-5), but the statutes set only penalties. The Supreme Court of Appeals describes voluntary manslaughter as a killing reduced from murder by provocation that would cause a reasonable person to lose control, where the defendant in fact did (State v. Hatfield, 1982).

Is manslaughter a felony in West Virginia?

It depends on the form. Voluntary manslaughter is punished by 5 to 25 years in the penitentiary (61-2-4). Section 61-2-5 states that involuntary manslaughter 'is a misdemeanor', with up to 1 year in jail, a fine of up to $1,000, or both.

What is the sentence for voluntary manslaughter in West Virginia?

A definite term of 5 to 25 years in the penitentiary, with no parole before 5 years or the minimum required by 62-12-13, whichever is greater. The range took effect June 9, 2026 under Senate Bill 137 (2026), which increased both the minimum and maximum terms. Voluntary manslaughter is also a qualifying offense under the recidivist statute, 61-11-18, so a prior conviction can add 5 years to a definite term and two qualifying prior convictions can require a life sentence.

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

Voluntary manslaughter involves a killing that provocation reduces from murder (State v. Hatfield) and is a 5-to-25-year felony. Involuntary manslaughter is a misdemeanor under 61-2-5; in a motor-vehicle case it requires more than ordinary negligence or a traffic-law violation (State v. Vollmer, 1979).

What is the penalty for DUI causing death in West Virginia?

Under 17C-5-2(b)(2), 3 to 15 years, a $1,000 to $3,000 fine and a 10-year licence revocation (life with a prior conviction under 17C-5-2) or test-and-lock participation; the death must occur within one year. With deliberate disregard for the safety of others, 17C-5-2(b)(1) sets 5 to 30 years, a $2,000 to $10,000 fine, a mandatory sentence and lifetime revocation, in effect June 12, 2026.

What is vehicular homicide in West Virginia?

Under 17C-5-1(a), a death within one year proximately caused by driving a motor vehicle in reckless disregard for the safety of others. It is a misdemeanor: a fine of $1,000 to $10,000, up to one year in jail, or both. Driving in deliberate disregard is aggravated vehicular homicide, a felony of 1 to 5 years, up to $20,000, or both.

Is leaving the scene of a fatal crash a felony in West Virginia?

Yes, when the driver intentionally violates 17C-4-1(a) and knows or has reason to believe someone was injured. Under 17C-4-1(d), it carries 1 to 5 years, a fine of up to $5,000, or both; the death must occur within one year of the crash. The licence is revoked for one year from conviction or release, whichever is later (17C-4-1(f)).

Does West Virginia ban the gay or trans panic defense?

No. Neither manslaughter statute contains provocation language, and no West Virginia statute limits a provocation claim based on a victim's sexual orientation or gender identity.