Manslaughter is the unintentional killing of someone. Manslaughter can be involuntary in the commission of an unlawful act, or in the commission of a lawful act which might produce death or death as the result of lack of caution. Involuntary Manslaughter does not include death that occurs as a result of a car accident. Gross vehicular manslaughter is a separate crime with distinct and separate punishments. Involuntary Manslaughter does not include self defense where a reasonable fear of death or great bodily harm exists. Examples of Involuntary Manslaughter are skiing at a high rate of speed and causing injury to another skier who subsequently dies or the unintentional discharge of a firearm which kills another person or striking a pedestrian with a bicycle causing death or forcing workers to work in extreme conditions causing death or sending a text message while driving killing a bicyclist.
What does the prosecutor have to prove?
1. Defendant committed a crime or lawful act in unlawful manner;
2. Defendant committed the crime or act with criminal negligence; and
3. The defendant's acts cause the death of another person. [Cal Crim No. 580]
With probation 0-364 days
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