Before a person can be convicted of manslaughter, the prosecution must prove the following two things beyond a reasonable doubt:

  1. The victim is dead; and
  2. The accused individual intentionally caused the death of the victim, or the accused individual intentionally procured the death of the victim, or the victim’s death was caused by the culpable negligence of the accused.

However, the accused cannot be guilty of manslaughter if the killing was either justifiable homicide or excusable homicide.

In order to convict of manslaughter by intentional act, it is not necessary for the prosecutor to prove that the accused had a premeditated intent to cause the victim’s death.

See also voluntary manslaughter and DUI manslaughter.