§ 2A1.4.
Involuntary Manslaughter
(a) Base Offense Level:
(1) 12, if the offense involved criminally negligent conduct; or
(2) (Apply the greater):
(A) 18, if the offense involved reckless conduct; or
(B) 22, if the offense involved the reckless operation of a means of transportation.
(b) Special Instruction
(1) If the offense involved the involuntary manslaughter of more than one person, subsection (b) of §3D1.1 (Procedure for Determining Offense Level on Multiple Counts) shall be applied as if the involuntary manslaughter of each person had been contained in a separate count of conviction.
Historical note
Effective November 1, 1987. Amended effective November 1, 2002 (amendment 637); November 1, 2003 (amendment 652); November 1, 2004 (amendment 663); November 1, 2006 (amendment 685); November 1, 2007 (amendment 699); November 1, 2026 (amendment 840).
Commentary
Statutory provisions
Statutory Provisions: 18 U.S.C. §§ 1112, 1841(a)(2)(C), 2199, 2291, 2332b(a)(1). For additional statutory provision(s), see Appendix A (Statutory Index).
Application Note:
1. Definitions.—For purposes of this guideline:
“Criminally negligent” means conduct that involves a gross deviation from the standard of care that a reasonable person would exercise under the circumstances, but which is not reckless. Offenses with this characteristic usually will be encountered as assimilative crimes.
“Means of transportation” includes a motor vehicle (including an automobile or a boat) and a mass transportation vehicle. “Mass transportation” has the meaning given that term in 18 U.S.C. § 1992(d)(7).
“Reckless” means a situation in which the defendant was aware of the risk created by his conduct and the risk was of such a nature and degree that to disregard that risk constituted a gross deviation from the standard of care that a reasonable person would exercise in such a situation. “Reckless” includes all, or nearly all, convictions for involuntary manslaughter under 18 U.S.C. § 1112. A homicide resulting from driving a means of transportation, or similarly dangerous actions, while under the influence of alcohol or drugs ordinarily should be treated as reckless.