What Is the Difference Between Homicide, Murder and Manslaughter?

In April 2025, a group of New York State corrections officers was charged in connection with the killing of inmate Messiah Nantwi, who died after being beaten at the Mid-State Correctional Facility. Two officers were indicted on charges of second-degree murder and first-degree manslaughter, three others faced charges of first-degree manslaughter and two more were accused of second-degree manslaughter. 

The words homicide, murder and manslaughter all describe one person killing another. Although there is some overlap between the three terms—and a person can be convicted of more than one of them for a single killing—each has a distinct meaning. 

A homicide takes place when a person causes the death of another.

Murder is the intentional killing, often planned and deliberate, of another person and is one kind of homicide.

Manslaughter happens when a person kills another without prior planning, perhaps while experiencing extreme emotion, and it also qualifies as a type of homicide.

Not all homicides are crimes. If an investigation finds that someone killed in self-defense, it could be ruled a justifiable homicide. 

Accidental killings, like a hunter unintentionally shooting another person, qualify as homicides. But as long as no illegal or reckless behavior contributed to the accidental death, it likely would not be considered criminal.

The federal government and many states, such as New York in the Nantwi case, distinguish between first- and second-degree murder. Other states use different terms to describe murder, such as “aggravated murder” or “capital murder” in place of first-degree murder.

A premeditated killing—for example, a spouse who deliberately poisons their partner—would almost always be first-degree murder. Murders committed during felonies such as arson, burglary, robbery, kidnapping or rape also fit most definitions of first-degree murder.

In a situation where someone fires a gun near a crowd and fatally shoots another person, the shooter’s extreme indifference to human life means they might be charged with second-degree murder even though they may not have been deliberately trying to kill anyone.

In many states and under federal law, someone committing a felony can be convicted for a murder that happens during the crime, even if they didn't wield the murder weapon. The decision to take part in the felony is considered sufficient intent for a murder charge.

In general, voluntary manslaughter happens when a person kills another during a sudden fight or in the "heat of passion," such as a betrayed partner immediately slaying their spouse upon discovering them in bed with a lover.

Involuntary manslaughter usually involves negligent or reckless actions, but no intent to cause harm to a victim. For example, if a teen dies from overconsumption of alcohol, the person who provided the drinks could face involuntary manslaughter charges. If a person dies due to someone speeding or driving under the influence, this can lead to vehicular manslaughter charges.

Instead of voluntary and involuntary manslaughter, some states use degrees to classify manslaughter. Other states don't have the term manslaughter on the books at all and instead have laws for negligent or reckless homicide when defendants are accused of negligent or reckless behavior connected to a fatal incident.

Murder and manslaughter laws vary by state jurisdictions. For example, similar deadly bar fights in two different states could result in second-degree murder charges in one of them and manslaughter charges in another. Involuntary manslaughter is a felony in Idaho, but it’s a first-degree misdemeanor in Pennsylvania.

Florida, Minnesota and Pennsylvania are the only states with statutes for third-degree murder. Florida considers third-degree murder to be an unpremeditated killing that happens in the course of a non-violent felony. In Minnesota, this type of murder is unintentional, but involves dangerous circumstances and a disregard for human life, such as when the sale or distribution of a controlled substance results in death. Pennsylvania describes third-degree murder as any murder that isn't categorized as first- or second-degree murder.

What a defendant was thinking and feeling when they committed a deadly act can factor into the severity of the crime. As seen in the Nantwi case and in the trial of Karen Read, prosecutors sometimes charge defendants with both murder and manslaughter for the same death, leaving the jury or trial judge to decide whether the crime was one or the other.

The justice system seeks to mete out punishment matching a perpetrator's level of responsibility for a crime. A person who deliberately planned a murder has more culpability than someone who unintentionally caused a death via reckless behavior.

Convictions for first-degree murder can result in the death penalty in some state jurisdictions or life sentences or decades in prison. Meanwhile, second-degree murder sentences can range from less than a year in prison to life behind bars.

People who are incarcerated for manslaughter usually serve shorter sentences than those convicted of murder. But the circumstances of a crime can come into play during sentencing. People convicted of second-degree murder who present mitigating factors like not having criminal records can receive a shorter sentence than people convicted of manslaughter whose crimes have aggravating factors such as the use of a gun.

Most people convicted of voluntary manslaughter will serve time behind bars, but probation is possible in some states, particularly if the defendant can demonstrate mitigating circumstances. Probation is also a possibility in some cases of involuntary manslaughter.