What to Know About Manslaughter in the First Degree and Second Degree

Manslaughter in the First Degree

A person is guilty of manslaughter in the first degree when under circumstances evincing an extreme indifference to human life, they recklessly engage in conduct that creates a grave risk of death to another person, and thereby causes the death of another person. Manslaughter in the first degree, located in Connecticut Statutes § 53a-55, reads:

A person is guilty of manslaughter in the first degree when: (1) With intent to cause serious physical injury to another person, they cause the death of such person or of a third person; or (2) with intent to cause the death of another person, they cause the death of such person or of a third person under circumstances which do not constitute murder because they committed the proscribed act or acts under the influence of extreme emotional disturbance.

Extreme emotional disturbance gets provided in subsection (a) of section 53a-54a, except that the fact that homicide was committed under the influence of extreme emotional disturbance constitutes a mitigating circumstance reducing murder to manslaughter in the first degree and need not be proved in any prosecution initiated under this subsection; or (3) under circumstances evincing an extreme indifference to human life, they recklessly engage in conduct which creates a grave risk of death to another person, and thereby causes the death of another person.

The state must prove four elements beyond a reasonable doubt to secure a conviction for manslaughter in the first degree:

Elements

Element 1:

1) The defendant engaged in conduct that created a grave risk of death.

Element 2:

2) The defendant acted recklessly.

Element 3:

3) The defendant acted under circumstances evincing an extreme indifference to human life.

Element 4:

The defendant caused the death of another person.

 The first element is that the defendant engaged in conduct that created a grave risk of death. Only extreme conduct will qualify.

The second element is that the defendant acted recklessly. A person acts “recklessly” with respect to a result or circumstances when they are aware of and consciously disregard a substantial and unjustifiable risk that such result will occur or that such circumstances exist.

The third element is that the defendant’s conduct demonstrated an extreme indifference to human life. “Indifference” means simply not caring. It means lacking any interest in a matter one way or the other. Extreme means existing in the highest or greatest possible degree. Extreme indifference is more than ordinary indifference. It is synonymous with excessive and is the greatest departure from the ordinary. What evinces an extreme indifference to human life is a question of fact for the jury to decide.

The fourth element is that the defendant’s conduct caused the death of another person. This means that the defendant’s conduct was the proximate cause of the decedent’s death. It must be proved beyond a reasonable doubt that another person died as a result of the actions of the defendant.

For a conviction of manslaughter in the first degree, you are facing one to 20 years in prison and a fine up to $15,000.

Manslaughter in the First Degree with a Fire Arm 53a-55a

There is a separate type of manslaughter in the first degree when it involved the use of a firearm. This results in a mandatory type of sentence with a higher possible sentence. The elements required to be proved by the state in this type of case are:

• When a person commits a manslaughter in the first degree under section 53a-55 and
• In the commission of the offense they:
  • Use, or are armed with and threaten the use of, or display, or represent by their words or conduct that they possess a pistol, revolver, shotgun, machine gun, rifle, or other firearm.

A conviction of this crime carries a sentence of:

• Five years mandatory.
• Up to 40 years in prison.

Manslaughter in the Second Degree

Manslaughter is a serious crime in the United States. A person is guilty of manslaughter in the second degree when they recklessly cause the death of another person. Connecticut statute § 53a-56 defines the offense:

(a) A person is guilty of manslaughter in the second degree when: (1) they recklessly cause the death of another person; or (2) they intentionally cause or aid another person, other than by force, duress, or deception, to commit suicide.

(b) Manslaughter in the second degree is a Class C felony.

The state must prove two separate elements beyond a reasonable doubt to convict a defendant of manslaughter in the second degree:

Elements

Element 1:

The defendant caused the death of another person.

Element 2:

The defendant’s actions that resulted in the death were reckless.

The first element is that the defendant caused the death of another person. This means that the defendant’s conduct was the proximate cause of the decedent’s death. The court must find it proven beyond a reasonable doubt that another person died as a result of the actions of the defendant.

The second element is that the defendant’s actions that resulted in the death of another person were reckless. A person acts “recklessly” with respect to a result or circumstance when they are aware of and consciously disregard a substantial and unjustifiable risk that such result will occur or that such circumstances exist.

A defendant faces a term of imprisonment of one to 10 years and a fine up to $10,000 if convicted of manslaughter in the second degree.

Manslaughter in the Second Degree with a Firearm 53a-56a

Just as with manslaughter in the first degree, there is a separate charge for manslaughter involving a firearm for manslaughter in the second degree. To prove manslaughter in the second degree with a firearm, the state has to prove:

• When a person commits manslaughter in the first degree under section 53a-55 and
• In the commission of the offense they:
  • Use, or are armed with and threaten the use of, or display, or represent by their words or conduct that they possess a pistol, revolver, shotgun, machine gun, rifle, or other firearm.

The possible penalties for this crime are:

• One year that cannot be suspended in prison.
• Up to 10 years in prison.