Maryland Pattern Jury Instructions-Criminal (MPJI-Cr)

4:17.9 Homicide — Involuntary Manslaughter (Grossly Negligent Act and Unlawful Act)

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)).