{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-36.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-36.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-36.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-36.1.html"}],"law_id":67930,"edition_id":1,"section_id":67930,"structure_id":15120,"section_number":"18.2-36.1","catch_line":"Certain conduct punishable as involuntary manslaughter","history":"1989, cc. 554, 574; 1992, c. 862; 1994, cc. 635, 682; 1999, cc. 945, 987; 2000, cc. 956, 982; 2004, c. 461.","full_text":"A\n\nAny person who, as a result of driving under the influence in violation of clause (ii), (iii), or (iv) of § 18.2-266 or any local ordinance substantially similar thereto unintentionally causes the death of another person, shall be guilty of involuntary manslaughter.B\n\nIf, in addition, the conduct of the defendant was so gross, wanton and culpable as to show a reckless disregard for human life, he shall be guilty of aggravated involuntary manslaughter, a felony punishable by a term of imprisonment of not less than one nor more than 20 years, one year of which shall be a mandatory minimum term of imprisonment.C\n\nThe provisions of this section shall not preclude prosecution under any other homicide statute. This section shall not preclude any other revocation or suspension required by law. The driver’s license of any person convicted under this section shall be revoked pursuant to subsection B of § 46.2-391.","order_by":null,"text":{"0":{"id":246025,"text":"Any person who, as a result of driving under the influence in violation of clause (ii), (iii), or (iv) of § 18.2-266 or any local ordinance substantially similar thereto unintentionally causes the death of another person, shall be guilty of involuntary manslaughter.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":246026,"text":"If, in addition, the conduct of the defendant was so gross, wanton and culpable as to show a reckless disregard for human life, he shall be guilty of aggravated involuntary manslaughter, a felony punishable by a term of imprisonment of not less than one nor more than 20 years, one year of which shall be a mandatory minimum term of imprisonment.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":246027,"text":"The provisions of this section shall not preclude prosecution under any other homicide statute. This section shall not preclude any other revocation or suspension required by law. The driver’s license of any person convicted under this section shall be revoked pursuant to subsection B of § 46.2-391.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15120,"edition_id":1,"name":"Homicide","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":13100,"metadata":{},"date_created":"2026-06-26 03:52:17","date_modified":"2026-06-26 03:52:17","permalink":{"id":164765,"object_type":"structure","relational_id":15120,"identifier":"1","token":"18.2\/4\/1","url":"\/18.2\/4\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13100,"edition_id":1,"name":"Crimes Against the Person","identifier":"4","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:44:17","date_modified":"2026-06-26 03:44:17","permalink":{"id":164763,"object_type":"structure","relational_id":13100,"identifier":"4","token":"18.2\/4","url":"\/18.2\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12972,"edition_id":1,"name":"Crimes and Offenses Generally","identifier":"18.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":164139,"object_type":"structure","relational_id":12972,"identifier":"18.2","token":"18.2","url":"\/18.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":77418,"structure_id":15120,"section_number":"18.2-30","catch_line":"Murder and manslaughter declared felonies","url":"\/18.2-30\/","token":"18.2\/4\/1\/18.2-30","metadata":false},{"id":79946,"structure_id":15120,"section_number":"18.2-31","catch_line":"Aggravated murder defined; punishment","url":"\/18.2-31\/","token":"18.2\/4\/1\/18.2-31","metadata":false},{"id":57602,"structure_id":15120,"section_number":"18.2-32","catch_line":"First and second degree murder defined; punishment","url":"\/18.2-32\/","token":"18.2\/4\/1\/18.2-32","metadata":false},{"id":62187,"structure_id":15120,"section_number":"18.2-32.1","catch_line":"Murder of a pregnant woman; penalty","url":"\/18.2-32.1\/","token":"18.2\/4\/1\/18.2-32.1","metadata":false},{"id":79116,"structure_id":15120,"section_number":"18.2-32.2","catch_line":"Killing a fetus; penalty","url":"\/18.2-32.2\/","token":"18.2\/4\/1\/18.2-32.2","metadata":false},{"id":69091,"structure_id":15120,"section_number":"18.2-32.3","catch_line":"Human infant; independent and separate existence","url":"\/18.2-32.3\/","token":"18.2\/4\/1\/18.2-32.3","metadata":false},{"id":80906,"structure_id":15120,"section_number":"18.2-33","catch_line":"Felony homicide defined; punishment","url":"\/18.2-33\/","token":"18.2\/4\/1\/18.2-33","metadata":false},{"id":70125,"structure_id":15120,"section_number":"18.2-34","catch_line":"Reserved","url":"\/18.2-34\/","token":"18.2\/4\/1\/18.2-34","metadata":false},{"id":70478,"structure_id":15120,"section_number":"18.2-35","catch_line":"How voluntary manslaughter punished","url":"\/18.2-35\/","token":"18.2\/4\/1\/18.2-35","metadata":false},{"id":78426,"structure_id":15120,"section_number":"18.2-36","catch_line":"How involuntary manslaughter punished","url":"\/18.2-36\/","token":"18.2\/4\/1\/18.2-36","metadata":false},{"id":67930,"structure_id":15120,"section_number":"18.2-36.1","catch_line":"Certain conduct punishable as involuntary manslaughter","url":"\/18.2-36.1\/","token":"18.2\/4\/1\/18.2-36.1","metadata":false},{"id":71288,"structure_id":15120,"section_number":"18.2-36.2","catch_line":"Involuntary manslaughter; operating a watercraft while under the influence; penalties","url":"\/18.2-36.2\/","token":"18.2\/4\/1\/18.2-36.2","metadata":false},{"id":66815,"structure_id":15120,"section_number":"18.2-36.3","catch_line":"Involuntary manslaughter; certain drug offenses","url":"\/18.2-36.3\/","token":"18.2\/4\/1\/18.2-36.3","metadata":false},{"id":86725,"structure_id":15120,"section_number":"18.2-37","catch_line":"How and where homicide prosecuted and punished if death occur without the Commonwealth","url":"\/18.2-37\/","token":"18.2\/4\/1\/18.2-37","metadata":false},{"id":60034,"structure_id":15120,"section_number":"18.2-37.1","catch_line":"Certain matters not to constitute defenses","url":"\/18.2-37.1\/","token":"18.2\/4\/1\/18.2-37.1","metadata":false}],"previous_section":{"id":78426,"structure_id":15120,"section_number":"18.2-36","catch_line":"How involuntary manslaughter punished","url":"\/18.2-36\/","token":"18.2\/4\/1\/18.2-36","metadata":false},"next_section":{"id":71288,"structure_id":15120,"section_number":"18.2-36.2","catch_line":"Involuntary manslaughter; operating a watercraft while under the influence; penalties","url":"\/18.2-36.2\/","token":"18.2\/4\/1\/18.2-36.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-36.1\/","history_text":"

This law was first created in 1989. The record of its establishment is cataloged in chapters 554 and 574 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1989 \u201cActs\u201d aren\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1992, chapter 862; in 1994, chapters 635<\/a> and 682<\/a>; in 1999, chapters 945<\/a> and 987<\/a>; in 2000, chapters 956<\/a> and 982<\/a>; in 2004, chapter 461<\/a>.<\/p>","references":[{"id":73688,"section_number":"15.2-1716","catch_line":"Reimbursement of expenses incurred in responding to DUI and related incidents","order_by":null,"url":"\/15.2-1716\/"},{"id":78808,"section_number":"16.1-69.48:1.01","catch_line":"Additional fee assessed for conviction of certain offenses","order_by":null,"url":"\/16.1-69.48_1.01\/"},{"id":64932,"section_number":"17.1-275.11","catch_line":"Additional fee assessed for conviction of certain offenses","order_by":null,"url":"\/17.1-275.11\/"},{"id":80246,"section_number":"17.1-805","catch_line":"Adoption of initial discretionary sentencing guideline midpoints","order_by":null,"url":"\/17.1-805\/"},{"id":71034,"section_number":"18.2-269","catch_line":"Presumptions from alcohol or drug content of blood","order_by":null,"url":"\/18.2-269\/"},{"id":75350,"section_number":"18.2-270","catch_line":"Penalty for driving while intoxicated; subsequent offense; prior conviction","order_by":null,"url":"\/18.2-270\/"},{"id":81046,"section_number":"18.2-270.01","catch_line":"Multiple offenders; payment to Trauma Center Fund","order_by":null,"url":"\/18.2-270.01\/"},{"id":70219,"section_number":"18.2-272","catch_line":"Driving after forfeiture of license","order_by":null,"url":"\/18.2-272\/"},{"id":56622,"section_number":"18.2-308.012","catch_line":"Prohibited conduct","order_by":null,"url":"\/18.2-308.012\/"},{"id":80860,"section_number":"19.2-163","catch_line":"Compensation of court-appointed counsel","order_by":null,"url":"\/19.2-163\/"},{"id":74057,"section_number":"19.2-187.02","catch_line":"Admissibility of written reports or records of blood alcohol tests conducted in the regular course of providing emergency medical treatment","order_by":null,"url":"\/19.2-187.02\/"},{"id":61280,"section_number":"19.2-392.02","catch_line":"National criminal background checks by businesses and organizations regarding employees or volunteers providing care to children or the elderly or disabled","order_by":null,"url":"\/19.2-392.02\/"},{"id":74660,"section_number":"19.2-392.12","catch_line":"(Effective July 1, 2026) Sealing of offenses resulting in a deferred and dismissed disposition or conviction by petition","order_by":null,"url":"\/19.2-392.12\/"},{"id":71769,"section_number":"4.1-212.2","catch_line":"Third-party deliveries; limitations; penalties","order_by":null,"url":"\/4.1-212.2\/"},{"id":71126,"section_number":"46.2-223.1","catch_line":"Collection and reporting of data related to driving under the influence of alcohol, drugs, or a combination thereof","order_by":null,"url":"\/46.2-223.1\/"},{"id":54237,"section_number":"46.2-301","catch_line":"Driving while license, permit, or privilege to drive suspended or revoked","order_by":null,"url":"\/46.2-301\/"},{"id":75919,"section_number":"46.2-341.28","catch_line":"Penalty for driving commercial motor vehicle while intoxicated; subsequent offense; prior conviction","order_by":null,"url":"\/46.2-341.28\/"},{"id":59065,"section_number":"46.2-389","catch_line":"Required revocation for one year upon conviction or finding of guilty of certain offenses; exceptions","order_by":null,"url":"\/46.2-389\/"},{"id":72043,"section_number":"46.2-391","catch_line":"Revocation of license for multiple convictions of driving while intoxicated; exception; petition for restoration of privilege","order_by":null,"url":"\/46.2-391\/"},{"id":66643,"section_number":"46.2-391.2","catch_line":"Administrative suspension of license or privilege to operate a motor vehicle","order_by":null,"url":"\/46.2-391.2\/"},{"id":72992,"section_number":"46.2-391.4","catch_line":"When suspension to be rescinded","order_by":null,"url":"\/46.2-391.4\/"},{"id":60308,"section_number":"46.2-411","catch_line":"Reinstatement of suspended or revoked license or other privilege to operate or register a motor vehicle; proof of financial responsibility; reinstatement fee","order_by":null,"url":"\/46.2-411\/"}],"refers_to":[{"id":67410,"section_number":"18.2-266","catch_line":"Driving motor vehicle, engine, etc., while intoxicated, etc","order_by":null,"url":"\/18.2-266\/"},{"id":72043,"section_number":"46.2-391","catch_line":"Revocation of license for multiple convictions of driving while intoxicated; exception; petition for restoration of privilege","order_by":null,"url":"\/46.2-391\/"}],"permalink":{"id":164807,"object_type":"law","relational_id":67930,"identifier":"18.2-36.1","token":"18.2\/4\/1\/18.2-36.1","url":"\/18.2-36.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-36.1\/","token":"18.2\/4\/1\/18.2-36.1","dublin_core":{"Title":"Certain conduct punishable as involuntary manslaughter","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-36.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person who, as a result of driving under the influence in violation of clause (ii), (iii), or (iv) of § 18.2-266<\/a> or any local ordinance<\/span> substantially similar thereto unintentionally causes the death of another person, shall be guilty of involuntary manslaughter<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If, in addition, the conduct of the defendant<\/span> was so gross, wanton and culpable as to show a reckless disregard for human life, he shall be guilty of aggravated involuntary manslaughter<\/span>, a felony<\/span> punishable by a term of imprisonment of not less than one nor more than 20 years, one year of which shall be a mandatory minimum term of imprisonment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The provisions of this section shall not preclude prosecution<\/span> under any other homicide<\/span> statute<\/span>. This section shall not preclude any other revocation<\/span> or suspension required by law<\/span>. The driver’s license of any person convicted under this section shall be revoked pursuant to subsection B of § 46.2-391<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCERTAIN CONDUCT PUNISHABLE AS INVOLUNTARY MANSLAUGHTER (\u00a7 18.2-36.1)\n\nA. Any person who, as a result of driving under the influence in violation of\nclause (ii), (iii), or (iv) of § 18.2-266 or any local ordinance\nsubstantially similar thereto unintentionally causes the death of another\nperson, shall be guilty of involuntary manslaughter.\n\nB. If, in addition, the conduct of the defendant was so gross, wanton and\nculpable as to show a reckless disregard for human life, he shall be guilty of\naggravated involuntary manslaughter, a felony punishable by a term of\nimprisonment of not less than one nor more than 20 years, one year of which\nshall be a mandatory minimum term of imprisonment.\n\nC. The provisions of this section shall not preclude prosecution under any other\nhomicide statute. This section shall not preclude any other revocation or\nsuspension required by law. The driver’s license of any person convicted\nunder this section shall be revoked pursuant to subsection B of § 46.2-391.\n\nHISTORY: 1989, cc. 554, 574; 1992, c. 862; 1994, cc. 635, 682; 1999, cc. 945,\n987; 2000, cc. 956, 982; 2004, c. 461.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}