Penal Code § 193 PC defines the California penalties for manslaughter. Voluntary manslaughter carries 3, 6, or 11 years in prison. Involuntary manslaughter carries 2, 3, or 4 years in prison. Vehicular manslaughter carries up to 10 years, depending on the case.
The full text of the statute reads as follows:
193. (a) Voluntary manslaughter is punishable by imprisonment in the state prison for 3, 6, or 11 years.
(b) Involuntary manslaughter is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.
(c) Vehicular manslaughter is punishable as follows:
(1) A violation of paragraph (1) of subdivision (c) of Section 192 is punishable either by imprisonment in the county jail for not more than one year or by imprisonment in the state prison for two, four, or six years.
(2) A violation of paragraph (2) of subdivision (c) of Section 192 is punishable by imprisonment in the county jail for not more than one year.
(3) A violation of paragraph (3) of subdivision (c) of Section 192 is punishable by imprisonment in the state prison for 4, 6, or 10 years.
Legal Analysis
Under California Penal Code 193 PC, voluntary manslaughter carries a state prison sentence of either:
- Three years,
- Six years, or
- Eleven years.1
Meanwhile, involuntary manslaughter carries a laxer prison sentence of:
- Two years,
- Three years, or
- Four years.2
Finally, the sentence for vehicular manslaughter turns on the specifics of the accident. If the defendant acted with gross negligence, vehicular manslaughter is a wobbler. If charged as a misdemeanor, the penalties are:
- Up to one year in county jail, and/or
- Up to $1,000 in fines.
But as a felony, vehicular manslaughter with gross negligence carries:
- Two, four, or six years in prison, and/or
- Up to $10,000 in fines.3
Vehicular manslaughter with only negligence is always a misdemeanor, carrying up to one year in jail and/or up to $1,000 in fines.4 But vehicular manslaughter for financial gain (such as insurance fraud) is always a felony, carrying:
- Four, six, or ten years in prison, and/or
- Up to $10,000 in fines.5
Legal References
- California Penal Code 193 PC – Punishment for Manslaughter. See, for example: People v. Cuiriz (Cal. App. 1st Dist., 2017), 213 Cal. Rptr. 3d 723, 8 Cal. App. 5th 744; In re Heard (Cal. App. 4th Dist., 2014), 223 Cal. App. 4th 115, 166 Cal. Rptr. 3d 824. PC 192(a).
- PC 193. PC 192(b).
- PC 193: PC (192)(c)(1).
- PC 193; PC 192 (c)(2).
- PC 193; PC 192(c)(3).