This is the involuntary manslaughter definition.
In Illinois involuntary manslaughter and reckless homicide are essentially the same thing. A reckless homicide just involves a motor vehicle.
In Illinois 720 ILCS 5/9-3(a) is the Involuntary Manslaughter and Reckless Homicide statute. It says,
A person who unintentionally kills an individual without lawful justification commits involuntary manslaughter if his acts whether lawful or unlawful which cause the death are such as are likely to cause death or great bodily harm to some individual, and he performs them recklessly, except in cases in which the cause of the death consists of the driving of a motor vehicle or operating a snowmobile, all-terrain vehicle, or watercraft, in which case the person commits reckless homicide. A person commits reckless homicide if he or she unintentionally kills an individual while driving a vehicle and using an incline in a roadway, such as a railroad crossing, bridge approach, or hill, to cause the vehicle to become airborne
Involuntary manslaughter and reckless homicide are both class 3 felonies, each is subject to enhancement.
The Difference Between Involuntary Manslaughter And First Degree Murder
The difference between involuntary manslaughter and first-degree murder is the mental state accompanying the act that causes the victim’s death.
First-degree murder requires an intentional or knowing act that creates a strong probability of death or great bodily harm. 720 ILCS 5/9-1(a)(1).
Involuntary manslaughter requires reckless conduct that is likely to cause death or great bodily harm to an individual. 720 ILCS 5/9-3(a).
- People v. Smith, 2014 IL App (1st) 103436 (July) – Episode 011 (Duration 9:47) (Involuntary manslaughter is considered lesser included of murder.)
- The Illinois Homicide Statute
- What Is First Degree Murder?
- What Is Felony Murder?
- What Is Second Degree Murder?
- What Is Involuntary Manslaughter?