Indiana criminal charge
Voluntary manslaughter in Indiana
Voluntary manslaughter is a criminal offense under Indiana law, defined by Ind. Code § 35-42-1-3. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-42-1-3.
What is the penalty for voluntary manslaughter in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 10 years to 30 years (Voluntary manslaughter (killing a human being or fetus, while acting under sudden heat) — A person who knowingly or intentionally kills another human being or, except as provided in section 6.5, kills a fetus in any stage of development, while acting under sudden heat, commits voluntary manslaughter as a Level 2 felony.; fixed term; advisory sentence 17 1/2 years) | presumptive | Ind. Code § 35-50-2-4.5 |
| Fine | up to $10,000 (Voluntary manslaughter (killing a human being or fetus, while acting under sudden heat) — A person who knowingly or intentionally kills another human being or, except as provided in section 6.5, kills a fetus in any stage of development, while acting under sudden heat, commits voluntary manslaughter as a Level 2 felony.) | discretionary | Ind. Code § 35-50-2-4.5 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is voluntary manslaughter classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Voluntary manslaughter (killing a human being or fetus, while acting under sudden heat) | Level 2 Felony | A person who knowingly or intentionally kills another human being or, except as provided in section 6.5, kills a fetus in any stage of development, while acting under sudden heat, commits voluntary manslaughter as a Level 2 felony. | Ind. Code § 35-42-1-3(a) |
Common questions about voluntary manslaughter in Indiana
Is voluntary manslaughter a felony or a misdemeanor in Indiana?
Voluntary manslaughter is a Level 2 Felony in Indiana under Ind. Code § 35-42-1-3.
Voluntary manslaughter (killing a human being or fetus, while acting under sudden heat): Level 2 Felony (Ind. Code § 35-42-1-3(a))
What are the penalties for voluntary manslaughter in Indiana?
Penalties for voluntary manslaughter in Indiana depend on how it is classified — from a Level 2 Felony up to a Level 2 Felony — with the ranges set by Ind. Code § 35-50-2-4.5; the full table of ranges by variant is published on this page.
Which Indiana statute covers voluntary manslaughter?
Voluntary manslaughter is governed by Ind. Code § 35-42-1-3 (Voluntary manslaughter).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.