It is difficult to determine exactly what conduct is required in order to be considered criminally negligent. If it appears that a reasonable person under similar circumstances would have known that the act would endanger others, and the defendant committed the act anyway, then the defendant s behavior is probably criminally negligent. Thus, voluntary manslaughter is considered less criminal than murder. Malice aforethought is defined as an intention to kill another human being. Therefore, in order to be convicted of malice murder, the state must prove that the defendant had the specific intent to kill the victim.
Punishments listed are generally for a first offense, unless otherwise noted.