PL 125.20 · Article 125
Manslaughter in the First Degree
This offense has separate alternatives for causing death with intent to cause serious physical injury, an intentional killing mitigated by extreme emotional disturbance, and specified reckless fatal conduct by an adult intending to injure a young child. Intent to kill is therefore not required for every alternative.
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PL 125.20 · Original statutory wording; excerpts must be read together with the full section.
§ 125.20 Manslaughter in the first degree. A person is guilty of manslaughter in the first degree when: 1. With intent to cause serious physical injury to another person, he causes the death of such person or of a third person; or 2. With intent to cause the death of another person, he causes the death of such person or of a third person under circumstances which do not constitute murder because he acts under the influence of extreme emotional disturbance, as defined in paragraph (a) of subdivision one of section 125.25. The fact that homicide was committed under the influence of extreme emotional disturbance constitutes a mitigating circumstance reducing murder to manslaughter in the first degree and need not be proved in any prosecution initiated under this subdivision; or 4. Being eighteen years old or more and with intent to cause physical injury to a person less than eleven years old, the defendant recklessly engages in conduct which creates a grave risk of serious physical injury to such person and thereby causes the death of such person. Manslaughter in the first degree is a class B felony.Read the full section at the New York State SenateIn everyday language
This offense has separate alternatives for causing death with intent to cause serious physical injury, an intentional killing mitigated by extreme emotional disturbance, and specified reckless fatal conduct by an adult intending to injure a young child. Intent to kill is therefore not required for every alternative.
At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.
CPL § 70.20What the prosecutor must prove
- The prosecution must prove the applicable offense requirements beyond a reasonable doubt. Subdivisions 1, 2, and 4 are alternatives, not cumulative requirements.
- Subdivision 1: The person accused intended to cause serious physical injury to another person and caused that person's death or a third person's death.
- Subdivision 2: The person accused intended to cause another person's death and caused that person's death or a third person's death in circumstances reduced from murder because of extreme emotional disturbance as defined in section 125.25(1)(a). The statute expressly says this mitigating circumstance need not be proved in a prosecution initiated under this subdivision.
- The referenced extreme-emotional-disturbance definition requires a reasonable explanation or excuse assessed from the viewpoint of someone in the person accused's situation under the circumstances as that person believed them to be; discovery, knowledge, or disclosure of the victim's sexual orientation, sex, gender, gender identity, gender expression, or sex assigned at birth cannot provide that explanation or excuse.
- Subdivision 4: The person accused was at least eighteen, intended to cause physical injury to a child under eleven, and recklessly engaged in conduct creating a grave risk of serious physical injury to that child, thereby causing the child's death.
Defenses that commonly apply
- What evidence distinguishes an intent to cause serious physical injury, an intent to kill, and an intent to cause physical injury under the alternative charged?
- Do the medical and factual records establish that the conduct attributed to the person accused caused the death?
- For subdivision 4, what evidence establishes both ages, reckless conduct, and the grave risk of serious physical injury to the child?
Penalties and collateral consequences
A Class B Felony carries a maximum sentence of up to 25 years in state prison and a fine of up to $5,000 or up to twice the gain.
Common questions about your defense
Is lack of intent to kill a defense to first-degree manslaughter?
Lack of intent to kill alone does not defeat the alternative requiring intent to cause serious physical injury followed by a resulting death. The child-specific alternative instead requires an adult at least eighteen, a child under eleven, intent to cause physical injury, and reckless conduct creating a grave risk of serious physical injury that causes the child's death. If the prosecution cannot prove the mental state or other requirements of the applicable alternative beyond a reasonable doubt, those deficiencies may support a defense.
Why is starting a defense early imperative?
An early defense is imperative to protect your rights and preserve evidence that may disappear. Keep court papers, messages, footage, and witness information without deleting or altering anything. Counsel can review court dates and applicable deadlines, request evidence, and begin preparing your defense immediately.
How does an experienced lawyer help build the best possible defense?
Your lawyer checks the exact subsection, compares its requirements with the evidence, and listens to your account. Depending on the charge, counsel may investigate identification, intent, witness reliability, and possible problems with searches, statements, or testing. Working together on an early strategy is imperative to pursue the best possible outcome in your circumstances; no outcome is guaranteed.
Does an arrest or police report prove the charge?
No. A police report is part of the case, not a finding of guilt. Your lawyer can compare its claims with video, records, and witnesses and assess whether admissible evidence meets each applicable requirement.
Can the charge be dismissed or reduced?
That depends on the evidence, the charged subsection, and procedural rules. Challenging evidence, filing motions, negotiating a legally available resolution, or preparing for trial may be appropriate. No lawyer can promise dismissal, reduction, or acquittal.
Every case turns on its own facts. The information on this page is general, not legal advice.
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