California, United States of America
The following excerpt is from People v. Aguilar, G049295 (Cal. App. 2015):
Involuntary manslaughter may be a lesser included offense when murder is charged. (People v. Prettyman (1996) 14 Cal.4th 248, 274.) A defendant commits involuntary manslaughter when he or she kills another human being without malice (1) in the commission of a criminal offense not amounting to a felony, or (2) in the commission of a lawful act which might produce death, either by (a) committing the ordinarily lawful act in an unlawful manner or (b) without due caution and circumspection. ( 192, subd. (b).) Phrased more generally, involuntary manslaughter is an unlawful killing that lacks the element of malice necessary for murder and the element of intent to kill necessary for voluntary manslaughter. (People v. Broussard (1977) 76 Cal.App.3d 193, 197.)
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