“Involuntary Manslaughter” Laws in Nevada – NRS § 200.070

Nevada Revised Statutes § 200.070 makes it a category D felony to commit involuntary manslaughter, which is “the killing of a human being, without any intent to do so, in the commission of an unlawful act, or a lawful act which probably might produce such a consequence in an unlawful manner.”

Elements

1. Homicide: The defendant killed a human being,
2. No intent to kill: The defendant did not mean to cause a homicide.
3. Criminal behavior or criminal negligence: The killing occurs in the commission of either:
   • a felony, gross misdemeanor, misdemeanor, or civil infraction, or
   • a lawful but negligent act which probably could result in death.

Penalties

• Incarceration: 1 to 4 years in Nevada State Prison.
• Fines: Up to $5,000 (at the court’s discretion).
• Probation: It may be possible to get probation instead of prison.
• Loss of Gun Rights: A conviction triggers a loss of firearm rights.

Defenses

• Self-Defense: The defendant was acting under a reasonable fear of imminent death or great bodily harm.
• Accident: The killing occurred by misadventure with no criminal intent.
• False Accusations: Someone levied fake allegations against the defendant.

In our experience defending homicide cases throughout Nevada, involuntary manslaughter charges often arise from situations that began as tragic accidents rather than intentional acts of violence. We have found that the key issues are usually whether the police rushed to judgment, whether prosecutors can actually prove criminal negligence, and whether all the surrounding facts have been fully investigated.

We encourage anyone facing these allegations to speak with an experienced defense attorney as early as possible, because important evidence and witness memories can disappear quickly.

In this article, our Las Vegas criminal defense attorneys will address in detail the following key issues regarding involuntary manslaughter:

• 1. Elements of NRS 200.070
• 2. Penalties
• 3. Defenses
• 4. Record Seals
• 5. Immigration Consequences
• 6. Related Offenses
• Frequently-Asked-Questions
• Additional Reading

1. Elements of NRS 200.070

For you to be convicted of involuntary manslaughter in Nevada, prosecutors must prove beyond a reasonable doubt the following three elements:

1. You killed another person,
2. The killing was unintentional, and
3. The killing occurred while you were committing an unlawful act or a lawful but negligent act.¹

Potential examples of involuntary manslaughter are:

• Handling a loaded gun that goes off unexpectedly and kills someone.
• A hunter shooting at some rustling in the bushes that turns out to be a person instead of an animal, and the victim dies.
• A parent keeping cocaine in a medicine cabinet, and a child finding the cocaine and dying because of ingesting it.

Involuntary manslaughter is a less serious offense than second-degree murder. Second-degree murder is also an unintentional killing, but it is done with such extreme recklessness that you should have known that death would result: The classic example is playing Russian Roulette.

Of all Nevada’s homicide crimes, involuntary manslaughter carries the lowest penalties (other than vehicular manslaughter). This is because you do not need to intend to cause or risk death; instead, the fatality occurred due to carelessness.²

2. Penalties

As a category D felony in Nevada, involuntary manslaughter carries a sentence of one to four years in state prison. The court can also order a fine of up to $5,000.

It is not unusual for courts to grant probation instead of prison time for involuntary manslaughter. If you are granted probation, just make sure to follow every condition to a T. Otherwise, you risk having your probation revoked and being remanded to prison.

In addition, an involuntary manslaughter conviction will strip you of your right to own or possess a firearm. The sole way to get gun rights restored in Nevada is through a Governor’s Pardon.³

3. Defenses

Here at Las Vegas Defense Group, we have represented countless people charged with homicide, including involuntary manslaughter. In our experience, the following three defenses have proven very effective with prosecutors, judges, and juries in getting NRS 200.070 cases plea-bargained down or dismissed.

1) You Acted in Self-Defense or Defense of Others

You are allowed under Nevada law to fight back – even to the death – so long as:

• you reasonably believe you or others are facing immediate death or serious bodily harm, and
• you use no more force than reasonably necessary to defend yourself or others.⁴

Example: David and Darren begin arguing. Suddenly David pulls out a knife and rushes towards Darren. While Darren wrests the knife away, it pierces David’s neck, and he dies. Darren gets charged with violating NRS 200.070 for negligently handling the knife. Though if Darren’s attorney can show that Darren was acting in self-defense, the charge should be dropped.

Typical evidence we rely on includes video surveillance footage, eyewitness accounts, and medical records.

2) The Incident Was an Accident

All involuntary manslaughter cases seem like accidents since the killing was unintentional. Though under Nevada law, you can claim accident as a defense only if you were not:

1. breaking the law or
2. acting in a negligent way.⁵

Example: Naomi keeps the powerful painkiller Lortab in her medicine cabinet. Her 16-year-old daughter takes too many Lortab pills thinking they are only Tylenol and dies. Naomi gets arrested for violating NRS 200.070 for keeping the Lortab accessible to her daughter.

When the defense attorney shows that Naomi was not breaking the law because she had a lawful prescription — and that Naomi was not negligent because her daughter was old enough to distinguish between pills — the prosecution dismisses the charge and agrees it was a tragic accident.

As with self-defense, accident can often be shown through such evidence as video and witness testimonies.

3) You Were Falsely Accused

Some reasons we see why people get falsely accused of homicide include:

• The police made a rash decision about whom to arrest, and the D.A. accepted the police report as an “open and shut” case.
• An enemy of the defendant falsely accused them out of anger or vengeance.
• The actual perpetrator of the death wanted to escape liability by accusing the defendant.

In any event, our job as criminal defense attorneys is to:

• conduct a thorough investigation and
• gather all available evidence, such as video footage and eyewitness accounts, in an effort to vindicate the accused.

As long as the prosecution has insufficient evidence to prove guilt beyond a reasonable doubt, the charges should be dismissed.

4. Record Seals

In Nevada, it should be possible to seal an involuntary manslaughter conviction 10 years after the case ends.⁶ A case is considered ended once the sentence is over, including parole and probation.

Note that there is no waiting period to get a record sealed if the charge gets dismissed.⁷ However, the record seal process itself may take a few months.

You should absolutely pursue a record seal as soon as you are eligible. Once your background check is clear, you should have an easier time finding employment and housing.

5. Immigration Consequences

Several courts have found that involuntary manslaughter is an aggravated felony and therefore deportable.⁸ Therefore, non-citizens who have been charged with violating NRS 200.070 should retain an experienced attorney right away to try to get the charge lessened to a non-deportable offense.

6. Related Offenses

Note that involuntary manslaughter is a crime under federal law as well as under 18 U.S. Code § 1112. It carries up to eight years in prison, which is twice Nevada’s penalty.

Depending on the circumstances, you can be charged in both federal court and Nevada court for the same involuntary manslaughter allegation without “double jeopardy” being implicated. In our experience, however, defendants are usually charged only in state or federal court.

Frequently-Asked-Questions

Can prosecutors charge me with involuntary manslaughter even if I never intended to hurt anyone?

Yes. Intent to kill is not an element of involuntary manslaughter under NRS 200.070. The prosecution instead must prove that an unintentional death occurred while you were committing an unlawful act or a lawful act without due caution or circumspection (criminal negligence). The absence of an intent to kill does not automatically prevent criminal charges.

In our experience, many clients believe that “I never meant for anyone to die” ends the criminal case. Unfortunately, that is only the beginning of the analysis. We often focus on whether the prosecution can actually prove criminal negligence or whether the death resulted from a tragic accident that does not satisfy Nevada’s legal standard.

Does an accident automatically qualify as involuntary manslaughter in Nevada?

No. A genuine accident does not automatically amount to involuntary manslaughter. Prosecutors still must prove beyond a reasonable doubt that the death resulted from criminal negligence or from an unlawful act covered by NRS 200.070. A purely unavoidable accident is not enough for a conviction.

We find that investigators sometimes reach conclusions before gathering all of the evidence. We frequently uncover surveillance footage, expert opinions, witness statements, or physical evidence showing that what initially appeared criminal was actually an unforeseeable accident.

Does the prosecution have to prove criminal negligence?

Usually yes. When the alleged involuntary manslaughter involves a lawful act performed in an unlawful manner, the State must establish criminal negligence rather than ordinary carelessness. Nevada courts have held that charging documents must identify the negligent acts the State intends to prove.

In cases we have handled, criminal negligence is often the most disputed issue. We challenge whether the evidence shows merely a mistake in judgment—which is not enough—or conduct that rises to the level required for a felony conviction.

Can I be charged with murder instead of involuntary manslaughter?

Yes. If prosecutors believe the facts show extreme recklessness, felony murder, or another form of murder under Nevada law, they may file murder charges instead of involuntary manslaughter. Which homicide charge applies depends on the circumstances and the defendant’s mental state.

We know from experience that the initial charge is not always the final outcome. We have seen cases where early investigation, expert testimony, and negotiations persuade prosecutors that the evidence supports a lesser offense—or no homicide charge at all.

Can self-defense defeat an involuntary manslaughter charge?

Yes. If the death resulted from lawful self-defense or defense of another person, the homicide may be legally justified and no criminal conviction should result in Nevada.

We find that police reports often emphasize the fatal injury while overlooking the events leading up to it. We spend considerable time reconstructing the encounter to show why our client reasonably believed force was necessary.

Can more than one person’s actions cause an involuntary manslaughter death?

Yes. Nevada law does not require that the defendant be the only cause of death. Prosecutors generally must prove that the defendant’s conduct was a legal cause of the victim’s death, even if other people or circumstances also contributed.

In our experience, causation is frequently overlooked by defendants but can become one of the strongest defenses. Independent medical issues, the actions of other people, or unexpected intervening events sometimes break the chain of criminal liability.

Will every accidental shooting result in involuntary manslaughter charges?

No. An accidental shooting does not automatically constitute involuntary manslaughter in Nevada. Prosecutors still must prove that the shooting involved criminal negligence or another qualifying unlawful act. Every firearm death is highly fact-specific.

We have found that firearm cases almost always require careful forensic analysis. We work with firearms experts to determine whether the shooting occurred because of mechanical failure, improper investigation, or circumstances inconsistent with criminal negligence.

Can involuntary manslaughter charges be reduced or dismissed?

Yes. Depending on the evidence, Nevada prosecutors may agree to reduce the charges, dismiss the case, or negotiate another resolution. Weak evidence, causation problems, self-defense, mistaken identity, or insufficient proof of criminal negligence can all affect plea negotiations or trial outcomes.

In our experience, the strongest plea negotiations usually occur after we identify significant factual or legal weaknesses in the State’s case. Prosecutors are much more willing to reconsider serious felony charges when confronted with credible evidence that undermines their theory.

Does pleading guilty to involuntary manslaughter always mean going to prison?

Not necessarily. Involuntary manslaughter is a category D felony punishable by one to four years in prison and up to a $5,000 fine, but Nevada judges generally retain discretion to grant probation in appropriate cases unless another law requires otherwise.

With our clients, sentencing often depends on much more than the police report. Their criminal history, acceptance of responsibility, community support, and mitigating circumstances can significantly influence whether probation is a realistic possibility.

Is involuntary manslaughter considered a crime involving moral turpitude or an aggravated felony for immigration purposes?

It can have serious immigration consequences depending on the exact conviction, sentence imposed, and the person’s immigration status. Anyone who is not a U.S. citizen should consult both a criminal defense attorney and an immigration attorney before accepting a plea.

For our non-citizen clients, immigration consequences frequently become more damaging than the criminal sentence itself. We work to negotiate alternative resolutions when immigration issues are a major concern because seemingly minor plea language can make a significant difference.

Additional Reading

For more in-depth information, refer to these scholarly articles:

• What’s Wrong with Involuntary Manslaughter – Texas Law Review.
• Rethinking the Mental Element in Involuntary Manslaughter – The Journal of Criminal Law. 
• Criminal Law – Involuntary Manslaughter – Unlawful Act as Basis for Conviction – Montana Law Review.
• The Innocent Villain: Involuntary Manslaughter by Text – Michigan Journal of Legal Reform. 
• Involuntary Manslaughter and Assisting Drug-Abuse Injection – Journal of Criminal Law. 

See our related articles: Manslaughter v. Murder – The Law in Nevada and What is an involuntary manslaughter sentence in Nevada?

Legal References: