Also known as: misdemeanor manslaughter rule · misdemeanor-manslaughter rule · misdemeanor-manslaughter rules · unlawful act manslaughter · misdemeanor manslaughter
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 as involuntary manslaughter. Most courts require the misdemeanor to be malum in se or, if malum prohibitum, that the death be a foreseeable consequence of the unlawful conduct.
Miranda Morales pulled a chair from under Maya at a holiday party in violation of a misdemeanor prank statute. Maya fell backward onto concrete and died from head injuries. The death was an unintentional result of the misdemeanor prank.
Maria Morales ordered an emergency exit chained shut in knowing violation of a fire safety code. A later equipment fire trapped Luis inside the building where he died of smoke inhalation. The death resulted from the ongoing misdemeanor violation.
Musa Mensah flicked Maya on the ear and tripped her with his boot in violation of a simple assault statute. Maya fell into a nearby ditch, struck her head, and drowned. The death followed directly from the misdemeanor assault.
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Melissa Mills angrily slammed the brakes and jerked the bus forward in violation of a minor traffic-safety ordinance. Standing passenger Malcolm McKinley fell, struck his head on a pole, and died. The death was a foreseeable result of the misdemeanor violation.
Most jurisdictions apply the rule when the misdemeanor is malum in se. When the misdemeanor is malum prohibitum, courts typically require that the death be a foreseeable or natural consequence of the unlawful conduct.
Supporting sources
Misdemeanor manslaughter applies to an unintentional killing during a misdemeanor or other non-felony unlawful act. Felony murder requires a qualifying dangerous felony as the predicate offense.
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No. An accidental fire or other intervening event does not break causation when the death remains a reasonably foreseeable and proximate result of the ongoing misdemeanor violation.
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No. The rule applies precisely because the killing is unintentional. The defendant need only have committed the underlying misdemeanor that proximately caused the death.
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…under section 270. (See People v. Arnold (1967) 66 Cal.2d 438, 451, 452 [58 Cal. Rptr. 115, 426 P.2d 515] [upholding misdemeanor manslaughter charge on the basis of section 270 prior to adoption of the religious exemption].) Section 270 is not merely an economic regulation requiring reimbursement of those providing medical…