Manslaughter in Louisiana (La. R.S. § 14:31)
Introduction
Not all unlawful killings are treated equally under Louisiana law. Manslaughter occupies the middle ground between murder and negligent homicide. It applies when a homicide that would otherwise be first or second degree murder is committed in sudden passion or heat of blood or without intent during certain non-enumerated felonies or while resisting arrest. Manslaughter still carries a heavy sentence up to forty years in prison—but it recognizes that certain circumstances lessen moral blameworthiness.
Elements Required for Conviction
To convict a defendant of manslaughter under La. R.S. § 14:31, the prosecution must prove one of these scenarios beyond a reasonable doubt:
- Heat of passion manslaughter. The homicide would be first or second‑degree murder except that it was committed in sudden passion or heat of blood immediately caused by provocation sufficient to deprive an average person of self-control. The defendant must show (a) provocation; (b) no cooling period; and (c) that an average person would not have cooled off before the killing. Mere insults or arguments are not enough provocation must involve physical threats or acts.
- Felony manslaughter. A killing without intent to cause death or great bodily harm while the offender is engaged in a felony not listed in the first‑ or second‑degree murder statutes or in an intentional misdemeanor directly affecting the person.
- Resisting arrest manslaughter. A killing without intent while resisting lawful arrest by means or in a manner not inherently dangerous, where the circumstances would not make it murder.
- Continuous sequence crimes. A killing that occurs during the commission or attempted commission of a crime of violence (as defined in La. R.S. §14:2(B)) that is part of a continuous sequence of events where death or great bodily harm was foreseeable, even if the offender had no intent to kill.
Penalty: Manslaughter carries a maximum sentence of forty years at hard labor. If the victim is under ten years old, the minimum sentence is ten years without probation or suspension
Reasonable Defenses
- Provocation and heat of blood. The defendant bears the burden of proving provocation and lack of cooling by a preponderance of the evidence. Provocation must involve a physical threat or act that would deprive an average person of self‑control; mere words or insults are insufficient. Evidence that the defendant had time to cool off or that an average person would have cooled off negates this defense.
- Accident/lack of intent. Manslaughter may be appropriate when the killing occurred accidentally during a non‑enumerated felony or while resisting arrest. Demonstrating that the defendant lacked any intent to kill or inflict great bodily harm can reduce a murder charge to manslaughter.
- Self‑defense. When a defendant reasonably believes they are in imminent danger of death or great bodily harm and that deadly force is necessary, the killing may be justified. The prosecution must prove beyond a reasonable doubt that the killing was not in self‑defense.
- Mental health or diminished capacity. Evidence of mental illness or extreme emotional disturbance may support a heat‑of‑passion argument or negate specific intent, leading to a manslaughter verdict rather than murder.
- Misidentification. Challenging eyewitness testimony or forensic evidence can create reasonable doubt about the defendant’s role in the killing.
Case Law Highlights
- Mitigating factors are not elements. In State v. Tradavion Hughes (2025), the court explained that sudden passion and heat of blood are mitigating circumstances that reduce murder to manslaughter; they are not elements the state must prove. The defendant must present evidence of adequate provocation and lack of cooling.
- Adequate provocation. The Hughes court held that mere verbal threats are insufficient to reduce a killing to manslaughter. Physical threats or actions by the victim are generally required. The court emphasized that the jury decides whether provocation was adequate and whether the defendant’s blood had cooled.
- Proof requirements. In State v. Desmond Johnson (2023), the court outlined the four requirements to reduce murder to manslaughter: (1) sudden passion or heat of blood; (2) adequate provocation; (3) the defendant had not cooled; and (4) an average person would not have cooled. The defendant failed to meet this burden where the alleged provocation occurred days before the killing, and the court affirmed a second‑degree murder conviction.
Frequently Asked Questions (FAQ)
How is manslaughter different from murder?
Manslaughter recognizes that a killing, though unlawful, occurred under mitigating circumstances such as sudden passion or absence of intent. Murder requires specific intent to kill or to inflict great bodily harm, or involves certain felonies.
Does sudden passion excuse the crime?
No. Sudden passion or heat of blood does not excuse the killing but reduces the crime from murder to manslaughter if provocation and cooling requirements are met
Who has the burden of proving sudden passion?
The defendant must prove provocation and lack of cooling by a preponderance of the evidence[8]. The jury decides whether the standard of an average person is met.
What are examples of adequate provocation?
Examples include discovering a spouse in the act of adultery, sudden violent physical attack, or other extreme situations that would cause an ordinary person to lose self‑control. Mere words, insults or prior disputes do not amount to adequate provocation.
Can a manslaughter conviction be expunged?
Generally, no. Manslaughter is a violent felony. A conviction remains on the record and carries up to forty years in prison.
Full Statutory Text (La. R.S. § 14:31)
Section 14:31 – Manslaughter. A. Manslaughter is: (1) a homicide that would be first‑ or second‑degree murder but is committed in sudden passion or heat of blood caused by provocation sufficient to deprive an average person of self‑control and cool reflection; (2) a homicide committed without intent to cause death or great bodily harm while the offender is engaged in a felony not enumerated in Article 30 or 30.1 or during an intentional misdemeanor directly affecting the person; (3) a homicide committed without intent while resisting lawful arrest in a non‑dangerous manner; (4) a killing committed during a crime of violence that forms part of a continuous sequence of events where death was foreseeable. B. Whoever commits manslaughter shall be imprisoned at hard labor for not more than forty years, with a minimum of ten years without benefit of probation or suspension of sentence if the victim was under ten
How The Ambeau Law Firm Can Help
If you or a loved one is charged with manslaughter, a vigorous defense can mean the difference between a long prison term and a more favorable outcome. The Ambeau Law Firm examines the facts to determine whether the evidence supports a sudden‑passion theory or lack of intent. We gather witness statements, consult forensic experts, and build compelling narratives to persuade the jury that your actions were provoked or accidental. Our attorneys also ensure that your constitutional rights are protected at every stage and that the prosecution meets its burden of proof. Let our experience guide you through this challenging time.
Louisiana Laws – Louisiana State Legislature