Also known as: misdemeanor manslaughter rule · misdemeanour-manslaughter rule · misdemeanour manslaughter rule
Written by attorneys · grounded in primary & secondary sources — see below
A common law doctrine that treats an unintentional killing occurring during the commission of a misdemeanor or other nonfelony unlawful act as involuntary manslaughter. The doctrine requires that the misdemeanor be malum in se or that the death be a foreseeable consequence of the unlawful conduct when the misdemeanor is malum prohibitum.
Mohan Malhotra pulled a chair from under coworker Maya at a holiday party in violation of a misdemeanor prank statute. Maya fell backward, struck her head on the concrete floor, and died from the injury. The death occurred during commission of the misdemeanor and was a foreseeable result of the unlawful act.
Miles Montgomery ran an underground poker game in knowing violation of local gambling laws. During a dispute he shoved coworker Luis, who fell, struck his head on a table, and died. The killing occurred during the ongoing unlawful gambling activity and the resulting battery.
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Matthew Martinez flicked Maya on the ear and tripped her with his boot in violation of a simple assault statute. Maya stumbled into an irrigation ditch, struck her head, and drowned. The death was a foreseeable consequence of the misdemeanor assault committed near the water.
Most courts require either that the misdemeanor be malum in se or, if the offense is malum prohibitum, that the resulting death be a foreseeable or natural consequence of the unlawful conduct.
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The misdemeanor-manslaughter rule applies to deaths during misdemeanors or nonfelony unlawful acts and produces liability for involuntary manslaughter. The felony-murder rule applies to deaths during certain felonies and can produce liability for murder.
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A regulatory violation that is malum prohibitum supports liability only if the death is a foreseeable or natural consequence of the unlawful conduct.
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The rule requires only commission of the misdemeanor or unlawful act that proximately causes death. No separate showing of criminal negligence or recklessness is needed.
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No. When the misdemeanor is malum prohibitum most courts require that the death be a foreseeable or natural consequence of the unlawful conduct.
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