(a) Criminal homicide constitutes manslaughter when: (1) it is committed recklessly; or
COL9192018
(2) a homicide which would otherwise be murder is committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse (The reasonableness of such explanation or excuse shall be determined from the viewpoint of a reasonable person in the defendant's situation under the circumstances as he believes them to be. The defendant must prove the reasonableness of such explanation or excuse by a preponderance of the evidence.); or (3) death is indirectly or proximately caused, such as an accident, by the illegal use of a Schedule I Controlled Substance, as defined by Chapter 67 of this Title, to a person under the influence of such controlled substance. Any person who knowingly or willingly transfers or sells any Schedule I Controlled Substance to a person over the age of eighteen (18) years old in violation of the provisions of Chapter 67 of this Title, and such controlled substance indirectly or proximately causes the death of such person, is guilty of manslaughter. This Section shall not apply to health care professionals and pharmacists in the legitimate practice of the healing arts. (b) Manslaughter is a felony of the first degree. SOURCE: G.P.C. §§ 192(1), 193(1), see also §§ 368, 380; *M.P.C. § 210.3; Cal. § 1420 (T.D.2 1968); Cal. § 804 (1971); Mass. ch. 265, § 3; N.J. § 2C:11-3; R/R by P.L. 16-126. Amended by P.L. 24-282:4.