Rule · Federal Sentencing Guidelines

§ 2A1.4. Involuntary Manslaughter

Federal Sentencing Guidelines § 2A1.4

Type
Rule
Source
Federal Sentencing Guidelines
Jurisdiction
Federal
Date
2026-07-10
Topic
general

§ 2A1.4. Involuntary Manslaughter (a) Base Offense Level: (1) 12, if the offense involved criminally negligent conduct; or (2) (Apply the greater): (A) 18, if the offense involved reckless conduct; or (B) 22, if the offense involved the reckless operation of a means of transportation. (b) Special Instruction (1) If the offense involved the involuntary manslaughter of more than one person, Chapter Three, Part D (Multiple Counts) shall be applied as if the involuntary manslaughter of each person had been contained in a separate count of conviction. Commentary Statutory Provisions: 18 U.S.C. §§ 1112,1841(a)(2)(C), 2199, 2291, 2332b(a)(1). For additionalstatutory provision(s), see Appendix A(Statutory Index).

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§2A1.4.
Involuntary Manslaughter

(a) Base Offense Level:

(1)12, if the offense involved criminally negligent conduct; or

(2) (Apply the greater):

(A)18, if the offense involved reckless conduct; or

(B)22, if the offense involved the reckless operation of a means of transportation.

(b) Special Instruction

(1) If the offense involved the involuntary manslaughter of more than one person, Chapter Three, Part D (Multiple Counts) shall be applied as if the involuntary manslaughter of each person had been contained in a separate count of conviction.
Commentary
Statutory Provisions
:18 U.S.C. §§ 1112,1841(a)(2)(C),2199,2291,2332b(a)(1). For additionalstatutory provision(s),
see
Appendix A(Statutory Index).
Application Note
:1.
Definitions
. — For purposes of thisguideline:"Criminally negligent" means conduct that involves agross deviation from the standard of care that a reasonableperson would exercise under the circumstances, but which isnot reckless. Offenses with this characteristic usually willbe encountered as assimilative crimes."Means of transportation" includes a motor vehicle(including an automobile or a boat) and a masstransportation vehicle. "Mass transportation" has themeaning given that term in18 U.S.C. § 1992(d)(7)."Reckless" means a situation in which the defendant wasaware of the risk created by his conduct and the risk was ofsuch a nature and degree that to disregard that riskconstituted a gross deviation from the standard of care thata reasonable person would exercise in such a situation."Reckless" includes all, or nearly all, convictions forinvoluntary manslaughter under18 U.S.C. § 1112. A homicideresulting from driving a means of transportation, orsimilarly dangerous actions, while under the influence ofalcohol or drugs ordinarily should be treated asreckless.
Historical Note
: Effective November 1, 1987. Amended effective November 1, 2002 (
see
Appendix C,amendment 637); November 1, 2003 (
see
Appendix C,amendment 652); November 1, 2004 (
see
Appendix C,amendment 663); November 1, 2006 (
see
Appendix C,amendment 685); November 1, 2007 (
see
Appendix C,amendment 699).