California Penal Code §192(b) — Involuntary Manslaughter
PC §192(b) punishes an unlawful killing without malice committed either (1) in the commission of an unlawful act not amounting to a felony, or (2) in the commission of a lawful act that might produce death, in an unlawful manner or without due caution and circumspection. Triad: 2, 3, or 4 years state prison under §193(b).
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Involuntary Manslaughter Cases in All LA County Courts
01 — Quick Facts
PC §192(b) — Involuntary Manslaughter at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §192(b) — Involuntary Manslaughter |
| Classification | Felony (straight) |
| Sentence | 2, 3, or 4 years state prison (§193(b)) |
| Strike | No — but see §667.5(c) serious-felony analysis |
| Probation | Available in appropriate cases |
| Mens Rea | Criminal negligence — gross deviation from the reasonable-person standard |
| Distinction | §192(a) = voluntary; §192(b) = involuntary; §192(c) = vehicular |
| Common Companions | PC §399 (dangerous animal); §273a (child endangerment); HS §11350 death cases |
| Free Consultation | (213) 723-2337 — Rubin Law, P.C. |
01 — What Is PC §192(b)?
What Is California Penal Code §192(b)?
PC §192(b) Reads:
"Manslaughter is the unlawful killing of a human being without malice. It is of three kinds: … (b) Involuntary — in the commission of an unlawful act, not amounting to a felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection."
— California Penal Code §192(b)
§192(b) is California's involuntary-manslaughter statute — an unintentional killing that arises from either a misdemeanor-level unlawful act or from criminal negligence in the performance of a lawful act. Unlike §192(a), no heat of passion or provocation is required; unlike §187, no malice is required. The mens rea floor is criminal negligence — conduct that is a gross deviation from the standard of care of a reasonable person.
§192(b) vs. §192(c) — Involuntary vs. Vehicular
Vehicle-caused killings are prosecuted under §192(c) (vehicular manslaughter) or Vehicle Code §23153 / §23550 (DUI-caused), not §192(b). §192(b) covers non-vehicle criminal-negligence killings — dangerous animals, child neglect, negligent handling of firearms, medical dosing errors, unsafe workplaces.
Why This Statute Matters
§192(b) is the fallback homicide count when the prosecution cannot prove malice for murder or heat of passion for voluntary manslaughter. It is also the target charge on defense — reducing a §187 filing to §192(b) drops maximum exposure from 15-to-life or 25-to-life to a 4-year triad and preserves probation eligibility. Rubin Law, P.C. attacks causation and criminal negligence to force the reduction.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §192(b)
The prosecution must prove each element beyond a reasonable doubt.
Death of Another
A human being was killed.
Defendant's Act
Defendant committed either (a) an unlawful act not amounting to a felony, or (b) a lawful act performed in an unlawful manner or without due caution.
Criminal Negligence
Defendant acted with criminal negligence — conduct that was reckless and a gross deviation from the reasonable-person standard.
Causation
Defendant's act was a substantial factor causing the death.
No Malice
Defendant did not act with express or implied malice (which would trigger §187).
04 — Penalties
Penalties for PC §192(b) Involuntary Manslaughter in California
§193(b) sets a 2/3/4-year triad. §192(b) is not a strike but carries significant collateral consequences.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §192(b) — Involuntary Manslaughter | PC §192(b) | 2, 3, or 4 years state prison (§193(b)) | Available | No |
| With §12022.5 Firearm Enh. | PC §12022.5 | +3, 4, or 10 years | No | N/A |
| With §667.9 Elder Victim | PC §667.9 | +1 or +2 years | Discretionary | N/A |
Related Enhancements
PC §12022.5 — Personal Use of Firearm
PC §12022.5
+3, 4, or 10 years where the killing involved personal use of a firearm.
PC §667.9 — Vulnerable Victim
PC §667.9
+1 or +2 years where the victim is 65+, blind, or disabled.
PC §1170(h) Ineligibility
PC §1170(h)(3)
§192(b) is served in state prison — county-jail split not available.
Collateral Consequences
- Lifetime firearm ban under PC §29800 and federal 18 U.S.C. §922(g)(1)
- Immigration: CIMT — often aggravated felony under 8 U.S.C. §1101(a)(43)(F)
- Occupational license discipline (medical, nursing, contractor)
- Civil wrongful-death exposure (CCP §377.60)
- Restitution to survivors under §1202.4
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §192(b) Involuntary Manslaughter Charges
Rubin Law, P.C. defends §192(b) by attacking causation, mental state, and the underlying-act element.
No Criminal Negligence
Conduct was ordinary — not a gross deviation from the reasonable-person standard.
Mens Rea
Intervening Cause
A superseding medical, third-party, or victim act broke the causal chain.
Causation
Accident
The killing was a pure accident — CALCRIM 3404 accident defense.
Accident
Self-Defense / Defense of Others
Perfect self-defense is a complete defense; imperfect self-defense reduces murder but is generally not a §192(b) defense theory since malice is not required.
Self-Defense
Lawful Act, Lawful Manner
The predicate act was legal and performed with due care.
Predicate
Charge Reduction from §187
Where DA filed §187, negotiate reduction to §192(b) by attacking malice.
Reduction
Constitutional Sources
07 — Court Process
How PC §192(b) Involuntary Manslaughter Cases Move Through Los Angeles Courts
§192(b) cases typically proceed as felony filings with preliminary hearing.
- 1
Step 1 — Investigation
Coroner, forensic pathologist, and scene-reconstruction workup.
- 2
Step 2 — Filing Decision
DA files §187 or §192(b) based on malice analysis.
- 3
Step 3 — Arraignment
Bail set — often substantial pending §187 vs §192(b) posture.
- 4
Step 4 — Preliminary Hearing
Causation and negligence experts testify; §187-to-§192(b) reduction fights happen here.
- 5
Step 5 — Motions
§995 sufficiency motions attacking malice or criminal negligence.
- 6
Step 6 — Trial or Plea
Trial focuses on mens rea and causation; pleas negotiate to §192(b) to escape §187 exposure.
- 7
Step 7 — Sentencing
Aggravating/mitigating hearing — probation possible in appropriate cases.
Los Angeles Courts That Handle PC §192(b) Involuntary Manslaughter Cases
§192(b) cases are handled in LA County felony trial courts.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Involuntary Manslaughter Defense Attorney
Daniel S. Rubin has defended clients charged with involuntary manslaughter and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §192(b) in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Involuntary Manslaughter Cases Throughout LA County
09 — FAQs
PC §192(b) Involuntary Manslaughter Questions — Los Angeles
What is PC §192(b)?
Involuntary manslaughter — an unintentional killing arising from either a misdemeanor-level unlawful act or from criminal negligence in the performance of a lawful act.
Is §192(b) a strike?
No. §192(b) is not listed as a serious or violent felony under §1192.7(c) or §667.5(c), so it is not a strike offense.
What is the sentence for §192(b)?
§193(b) sets a triad of 2, 3, or 4 years in state prison. Probation is available in appropriate cases.
What is the difference between §192(b) and §192(c)?
§192(b) covers non-vehicle criminal-negligence killings. §192(c) covers vehicle-caused killings, which have their own triad structure.
Is §192(b) a CIMT?
Yes — §192(b) is generally treated as a crime involving moral turpitude and is often an aggravated felony for immigration purposes under 8 U.S.C. §1101(a)(43)(F).
Can §187 be reduced to §192(b)?
Yes. Where malice cannot be proven, §187 murder filings are commonly reduced to §192(b) involuntary manslaughter through motion practice or plea negotiation.
Available 24/7 — Free Consultation
Facing PC §192(b) Involuntary Manslaughter?
Rubin Law, P.C. attacks causation and criminal negligence — and reduces §187 filings to §192(b). Call (213) 723-2337.