Manslaughter is the unlawful killing of a human being including, but not limited to, a human embryo or fetus, without malice. It is of three (3) kinds:

1. (1) Voluntary — upon a sudden quarrel or heat of passion.
2. (2) Involuntary — in the perpetration of or attempt to perpetrate any unlawful act, other than those acts specified in section 18-4003(d), Idaho Code; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection; or in the operation of any firearm or deadly weapon in a reckless, careless or negligent manner which produces death.

3. (3) Vehicular — in which the operation of a motor vehicle is a significant cause contributing to the death because of:

   1. (a) The commission of an unlawful act, not amounting to a felony, with gross negligence; or
   2. (b) The commission of a violation of section 18-8004 or 18-8006, Idaho Code; or

   3. (c) The commission of an unlawful act, not amounting to a felony, without gross negligence.

      Notwithstanding any other provision of law, any evidence of conviction under subsection (3)(b) of this section shall be admissible in any civil action for damages resulting from the occurrence. A conviction for the purposes of subsection (3)(b) of this section means that the person has pled guilty or has been found guilty, notwithstanding the form of the judgment(s) or withheld judgment(s).

[18-4006, added 1972, ch. 336, sec. 1, p. 928; am. 1983, ch. 3, 1st E.S., sec. 17, p. 21; am. 1984, ch. 22, sec. 5, p. 36; am. 1997, ch. 103, sec. 1, p. 244; am. 2002, ch. 330, sec. 2, p. 936; am. 2007, ch. 43, sec. 1, p. 104; am. 2009, ch. 166, sec. 1, p. 496.]