Is involuntary manslaughter a lesser offense of murder than murder?
California, United States of America
The following excerpt is from People v. Valencia, G047798 (Cal. App. 2014):
Regarding count 1, "Involuntary manslaughter is a lesser offense of murder, distinguished by its mens rea. [Citation.] The mens rea for murder is specific intent to kill [express malice] or conscious disregard for life [implied malice]. [Citation.] Absent these states of mind, the defendant may incur homicide culpability for involuntary manslaughter. [Citations.]" (People v. Butler (2010) 187 Ca1.App.4th 998, 1006.)
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