Homicide is the act of one person causing the death of another person. Not all homicides are murder—some are manslaughter due to mitigating circumstances—and some are lawful when justified by an affirmative defense such as self-defense or insanity.
Criminal homicide generally involves (1) intent to cause death or serious bodily injury, or (2) negligence that causes the death of another person. Criminal homicide committed with the intent to cause death or serious bodily injury is generally charged as the criminal offense of murder (committed with intent and with premeditation or malice) or as voluntary manslaughter or second degree murder (committed with intent but without premeditation or malice).
And criminal homicide caused by negligence is generally charged as the criminal offense of involuntary manslaughter—for example, when a person is driving recklessly or speeding and hits another motor vehicle or pedestrian, causing the death of the other motorist or the pedestrian. A person driving a motor vehicle while intoxicated by drugs or alcohol who hits another motor vehicle or pedestrian, causing the death of the other motorist or the pedestrian, may be charged with involuntary manslaughter, or with a more specific offense like intoxication manslaughter or vehicular homicide—depending on applicable state laws.
Criminal homicide laws vary from state to state—including the names, degrees of severity, and punishments. These laws are generally found in a state’s statutes—often in the penal or criminal code.
In Texas, homicide is considered the act of one person causing the death of another. Not all homicides are classified as murder; some may be deemed manslaughter, which includes mitigating circumstances, or may be justified under affirmative defenses such as self-defense or insanity. Texas law categorizes criminal homicide based on the level of intent or negligence involved. When there is intent to cause death or serious bodily injury, the offense may be charged as murder if there is premeditation or malice, or as manslaughter if there is intent but without premeditation or malice. Involuntary manslaughter in Texas typically involves negligent actions that result in death, such as reckless driving or driving under the influence of drugs or alcohol that leads to a fatal accident. Texas has specific statutes for offenses like intoxication manslaughter, which is when a death is caused by a driver who is intoxicated. The Texas Penal Code outlines the various degrees and classifications of homicide, including the associated penalties, which can range from fines and imprisonment to capital punishment for the most severe cases of murder.
