Penal Code · §19.04

Manslaughter

Recklessly causes the death of an individual.

To prove this offense, the State must establish each of the following elements: Recklessly; Causes the death; Of an individual; 2nd degree felony.

The base classification is 2nd degree felony, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.

Elements you must prove

  • Recklessly
  • Causes the death
  • Of an individual
  • 2nd degree felony
Texas Law — Charge Details
2nd Degree Felony
Offense
Manslaughter
Statute
Tex. Penal Code §19.04
Classification
2nd degree felony

Recklessly causes the death of an individual.

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Worked examples

Worked example 1

Manslaughter under §19.04 is committed when the actor:

  1. Intentionally causes the death of another
  2. Recklessly causes the death of an individual Correct
  3. Causes death with criminal negligence
  4. Plans the death over time
Why: Manslaughter is recklessly causing the death of an individual. It is a 2nd degree felony.
Statute: Tex. Penal Code §19.04