Can a defendant be held liable for involuntary manslaughter?

California, United States of America


The following excerpt is from People v. Romero, E054543, Super.Ct.No. FVI024187 (Cal. App. 2013):

kill or conscious disregard for life. [Citation.] Absent these states of mind, the defendant may incur homicide culpability for involuntary manslaughter. [Citations.] Through statutory definition and judicial development, there are three types of acts that can underlie commission of involuntary manslaughter: a misdemeanor, a lawful act, or a non[-]inherently dangerous felony. [Citation.] . . . [F]or all three types of predicate acts the required mens rea is criminal negligence." (People v. Butler (2010) 187 Cal.App.4th 998, 1006.)

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