2021 Georgia Code
Title 16 - Crimes and Offenses
Chapter 5 - Crimes Against the Person
Article 1 - Homicide
§ 16-5-3. Involuntary Manslaughter
- A person commits the offense of involuntary manslaughter in the commission of an unlawful act when he causes the death of another human being without any intention to do so by the commission of an unlawful act other than a felony. A person who commits the offense of involuntary manslaughter in the commission of an unlawful act, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years.
- A person commits the offense of involuntary manslaughter in the commission of a lawful act in an unlawful manner when he causes the death of another human being without any intention to do so, by the commission of a lawful act in an unlawful manner likely to cause death or great bodily harm. A person who commits the offense of involuntary manslaughter in the commission of a lawful act in an unlawful manner, upon conviction thereof, shall be punished as for a misdemeanor.
(Laws 1833, Cobb's 1851 Digest, p. 784; Code 1863, §§ 4224, 4225, 4226; Code 1868, §§ 4261, 4262, 4263; Code 1873, §§ 4327, 4328, 4329; Code 1882, §§ 4327, 4328, 4329; Penal Code 1895, §§ 67, 68, 69; Penal Code 1910, §§ 67, 68, 69; Code 1933, §§ 26-1009, 26-1010; Ga. L. 1951, p. 737, § 1; Code 1933, § 26-1103, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1984, p. 397, § 1.)
Law reviews.- For survey article on criminal law and procedure, see 34 Mercer L. Rev. 89 (1982). For annual survey on criminal law and procedure, 42 Mercer L. Rev. 141 (1990). For article, "New Challenges for the Georgia General Assembly: Survey of Child Endangerment Statutes," see 7 Ga. St. B. J. 8 (2001). For note discussing the felony-murder rule, and proposing legislation to place limitations on Georgia's felony-murder statute, see 9 Ga. St. B. J. 462 (1973).
JUDICIAL DECISIONSANALYSIS
- General Consideration
- Intent
- Causation
- Unlawful Act Involuntary Manslaughter
- Lawful Act - Unlawful Manner Involuntary Manslaughter
- Criminal Negligence
- Indictment
- Jury Instructions
- Indictment
- Application Generally
Owner of an automobile, while riding in car, may in some circumstances be guilty of manslaughter when the car is involved in a fatal accident. 1948-49 Op. Att'y Gen. p. 78 (decided under former Code 1933, § 26-1009).
RESEARCH REFERENCES
Am. Jur. 2d.
- 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 371 et seq. 40A Am. Jur. 2d, Homicide, §§ 61, 62.
C.J.S.- 40 C.J.S., Homicide, § 127 et seq.
ALR.
- Acquittal on charge as to one as bar to charge as to the other, where one person is killed or assaulted by acts directed at another, 2 A.L.R. 606.
Homicide by wanton or reckless use of firearm without express intent to inflict injury, 5 A.L.R. 603; 23 A.L.R. 1554.
Drunkenness as affecting existence of elements essential to murder in second degree, 8 A.L.R. 1052.
Homicide by unlawful act aimed at another, 18 A.L.R. 917.
Discharge of firearm without intent to inflict injury as proximate cause of homicide resulting therefrom, 55 A.L.R. 921.
Negligent homicide as affected by negligence or other misconduct of the decedent, 67 A.L.R. 922.
Absence of evidence supporting charge of lesser degree of homicide as affecting duty of court to instruct as to, or right of jury to convict of, lesser degree, 102 A.L.R. 1019.
Corpus delicti in prosecution for killing of newborn child, 159 A.L.R. 523.
Test or criterion of term "culpable negligence", "criminal negligence", or "gross negligence", appearing in statute defining or governing manslaughter, 161 A.L.R. 10.
Criminal responsibility for injury or death resulting from hunting accident, 23 A.L.R.2d 1401.
Who other than actor is liable for manslaughter, 95 A.L.R.2d 175.
Homicide based on killing of unborn child, 40 A.L.R.3d 444, 64 A.L.R.5th 671.
Homicide predicated on improper treatment of disease or injury, 45 A.L.R.3d 114.
Homicide by withholding food, clothing, or shelter, 61 A.L.R.3d 1207.
Propriety of predicating manslaughter conviction on violation of local ordinance or regulation not dealing with motor vehicles, 85 A.L.R.3d 1072.
Accused's right, in homicide case, to have jury instructed as to both unintentional shooting and self-defense, 15 A.L.R.4th 983.
Criminal liability for injury or death caused by operation of pleasure boat, 18 A.L.R.4th 858.
Propriety of lesser-included-offense charge of voluntary manslaughter to jury in state murder prosecution - Twenty-first century cases, 3 A.L.R.6th 543.
Sufficiency of evidence to support homicide conviction where no body was produced, 65 A.L.R.6th 359.
