Maryland Criminal Pattern Jury Instructions (MSBA)
CHAPTER FOUR CRIMINAL OFFENSES
HOMICIDE–INVOLUNTARY MANSLAUGHTER (GROSSLY NEGLIGENT ACT AND UNLAWFUL ACT)
MPJI-Cr 4:17.9

A

INVOLUNTARY MANSLAUGHTER–GROSSLY NEGLIGENT ACT

The defendant is charged with the crime of involuntary manslaughter. In order to convict the defendant of involuntary manslaughter, the State must prove:

(1) that the defendant acted in a grossly negligent manner; and

(2) that this grossly negligent conduct caused the death of (name).

“Grossly negligent” means that the defendant, while aware of the risk, acted in a manner that created a high degree of risk to, and showed a reckless disregard for, human life.

[If defendant was unaware of the risk due to self-induced intoxication, that unawareness is not a defense.]

B

INVOLUNTARY MANSLAUGHTER–UNLAWFUL ACT

The defendant is charged with the crime of involuntary manslaughter. In order to convict the defendant of involuntary manslaughter, the State must prove:

(1) that [the defendant] [another participating in the crime with the defendant]] [[committed] [attempted to commit]] (unlawful act(s));

(2) that [the defendant] [another participating in the crime] killed (name); and

(3) that the act resulting in the death of (name) occurred during the [commission] [attempted commission] [escape from the immediate scene] of the (unlawful act(s)).

Notes on Use

Use this instruction if the defendant is charged with common law involuntary manslaughter under MD. CODE ANN., CRIMINAL LAW I § 2-207 (2021) (hereinafter CRIM. LAW I or II § ), but not charged with second degree depraved heart murder under CRIM. LAW I § 2-204. If the defendant is charged with manslaughter by motor vehicle under CRIM. LAW I § 2-209, and/or homicide by motor vehicle while intoxicated under CRIM. LAW I §§ 2-501 through 2-508, use MPJI-Cr 4:17.10 (Homicide–Manslaughter by Motor Vehicle) and/or MPJI-Cr 4:17.11 (Homicide by Motor Vehicle While Intoxicated). If this instruction is given in conjunction with a voluntary manslaughter instruction, the court may wish to add, “However, the State is not required to prove that the defendant intended to harm the victim in any way.”

 

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