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To prove a charge of involuntary manslaughter, a prosecutor must establish the following factors: The defendant committed a crime or a lawful act in an unlawful manner. The defendant committed the crime or act with criminal negligence. The defendant's acts caused the death of another person.
Under Massachusetts General Laws Chapter 265 Section 13 involuntary manslaughter is punishable in State prison by no more than 20 years.
Two kinds of involuntary manslaughter: (1) criminal negligence manslaughter--Despite its name, it includes the mental elements of both recklessness (substantial and unjustifiable risk) and negligence (creating those risks and should have known the consequences).
The level of negligence required for involuntary manslaughter is higher than normal civil negligence and requires that the defendant have acted in a very unreasonable manner.