Involuntary manslaughter is an unlawful killing unintentionally caused by wanton or reckless conduct creating a high degree of likelihood that substantial harm will result to another. It is also an unlawful killing caused by the commission of a battery in circumstances in which the person committing the battery knows or reasonably should know endanger human life.
Wanton or Reckless Conduct
In order to prove the crime of involuntary manslaughter based on an unintentional, unlawful killing as a result of wanton or reckless conduct the Commonwealth must prove beyond a reasonable doubt:
- That a defendant committed an unintentional and unlawful killing of the deceased.
- To satisfy this element the Commonwealth must prove that the killing was unlawful and that the defendant intended the conduct that caused the death. An unlawful killing is a killing done without excuse. Not all killings are unlawful. A killing may be excusable, for example, in the case of self-defense, defense of another or, in some cases, accident.
- The killing was caused by wanton or reckless conduct.
- Wanton or reckless conduct is an act, or failure to act when there is a duty to act, creating a high degree of likelihood that substantial harm will result to another. Wanton or reckless conduct is conduct involving a grave risk of harm to another that a person undertakes in indifference to or disregard of the consequences of such conduct.
- The wanton or reckless conduct caused the death of the deceased.
- That a defendant committed an unintentional and unlawful killing of the deceased. To satisfy this element the Commonwealth must prove that the killing was unlawful and that a defendant intended the conduct that caused the death. An unlawful killing is a killing done without excuse. Not all killings are unlawful. A killing may be excusable, for example, in the case of self-defense, defense of another or, in some cases, accident.
If the Commonwealth fails to prove one or more of these elements, you cannot be found guilty of involuntary manslaughter as a result of wanton or reckless conduct.
Battery
In order to prove the crime of involuntary manslaughter based on an unintentional, unlawful killing as a result of a battery that the defendant knew or should have known endangered human life, the Commonwealth must prove beyond a reasonable doubt the following elements:
- That a defendant committed an unintentional and unlawful killing of the deceased.
- To satisfy this element the Commonwealth must prove that the killing was unlawful and that the defendant intended the conduct that caused the death. An unlawful killing is a killing done without excuse. Not all killings are unlawful. A killing may be excusable, for example, in the case of self-defense, defense of another or, in some cases, accident.
- A defendant committed a battery which the defendant knew or should have known endangered human life.
- A battery is the intentional and unjustified use of force upon the person of another. The battery must have been one that a defendant knew or should have known endangered human life. In determining whether a defendant reasonably should have known that the battery they were committing endangered human life, you must consider the nature and extent of the defendant's knowledge at the time they acted and whether, in the circumstances known by the defendant, a reasonable person would have recognized that the battery endangered human life.
- The battery caused the death of the deceased.
- In order to prove that the defendant caused the deceased's death, the Commonwealth must prove beyond a reasonable doubt that the defendant's conduct was the cause of the deceased's death. The cause of death is an act that in a natural and continuous sequence results in death, and without which death would not have occurred.
If the Commonwealth fails to prove one or more of these elements, you cannot be found guilty of involuntary manslaughter as a result of battery.