8.8.4: Misdemeanor Manslaughter

Example of Misdemeanor Manslaughter

Roberta points an unloaded gun at Jennifer to scare her into breaking up with Roberta’s ex-boyfriend. This crime is called brandishing a weapon and is often classified as a misdemeanor. At the sight of the gun, Jennifer suffers a heart attack and dies. Roberta has most likely committed misdemeanor manslaughter in this case. Brandishing a weapon is not always inherently dangerous to life. However, if Jennifer has a heart attack and dies because of Roberta’s commission of this misdemeanor offense, Roberta still could be criminally responsible for misdemeanor manslaughter in many jurisdictions.

Example of Reckless or Negligent Involuntary Manslaughter

Steven, an off-duty sheriff’s deputy, brings his shotgun into the local rifle shop to be repaired. Steven thinks that the shotgun is unloaded and hands it to the employee with the safety off. Unfortunately, the gun is loaded and discharges, shooting and killing the employee. In this case, Steven should know that at certain times the safety on his shotgun must always be on because he is a registered gun owner and a sheriff’s deputy who has been trained to handle guns. However, Steven is unaware of the risk and believes that the gun is unloaded. If the employee dies, Steven could be convicted of negligent involuntary manslaughter in jurisdictions that recognize this crime. If Steven is in a jurisdiction that only recognizes reckless involuntary manslaughter, the prosecution may have to prove a higher degree of awareness, such as Steven’s knowledge that the shotgun was loaded.