Involuntary Manslaughter

(a) Base Offense Level: (1) 12, if the offense involved criminally negligent conduct; or (2) (Apply the greater): (A) 18, if the offense involved reckless conduct; or (B) 22, if the offense involved the reckless operation of a means of transportation. (b) Special Instruction (1) If the offense involved the involuntary manslaughter of more than one person, Chapter Three, Part D (Multiple Counts) shall be applied as if the involuntary manslaughter of each person had been contained in a separate count of conviction. Commentary Statutory Provisions: 18 U.S.C. §§ 1112, 1841(a)(2)(C), 2199, 2291, 2332b(a)(1). For additional stat- utory provision(s), see Appendix A (Statutory Index). Application Note: 1. Definitions.—For purposes of this guideline: “Criminally negligent” means conduct that involves a gross deviation from the standard of care that a reasonable person would exercise under the circumstances, but which is not reckless. Of- fenses with this characteristic usually will be encountered as assimilative crimes. “Means of transportation” includes a motor vehicle (including an automobile or a boat) and a mass transportation vehicle. “Mass transportation” has the meaning given that term in 18 U.S.C. § 1992(d)(7). “Reckless” means a situation in which the defendant was aware of the risk created by his con- duct and the risk was of such a nature and degree that to disregard that risk constituted a gross deviation from the standard of care that a reasonable person would exercise in such a situation. Guidelines Manual (November 1, 2024) ║ 55 §2A2.1 “Reckless” includes all, or nearly all, convictions for involuntary manslaughter under 18 U.S.C. § 1112. A homicide resulting from driving a means of transportation, or similarly dangerous ac- tions, while under the influence of alcohol or drugs ordinarily should be treated as reckless. Historical Note Effective November 1, 1987. Amended effective November 1, 2002 (amendment 637); November 1, 2003 (amendment 652); November 1, 2004 (amendment 663); November 1, 2006 (amendment 685); November 1, 2007 (amendment 699).