Texas Penal Code § 19.04 – Manslaughter in Criminal and Civil Law
Table of Contents
Statutory Text:
(a) A person commits an offense if he recklessly causes the death of an individual.
(b) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if it is shown on the trial of the offense that the defendant committed an offense under Section 28.09 and that conduct caused the death of an individual.
What Is Manslaughter Under Texas Law?
Manslaughter under § 19.04 applies when a person causes a death by acting in a way that demonstrates a disregard for the risk their actions pose. This includes behavior that a reasonable person would know creates a significant danger of death or serious injury.
It is not necessary to prove that the defendant intended to kill. The focus is on the reckless conduct that led to the fatal outcome.
When This Law Applies
This statute is commonly used in situations such as:
Car accidents involving speeding, racing, or distracted driving
Firing a weapon in a crowded area
Operating machinery while fatigued or impaired
Neglecting firearm safety resulting in an accidental discharge
The law applies regardless of whether the defendant knew the victim.
Example Scenario
A driver is texting while speeding through a residential neighborhood. They strike a bicyclist who dies from the injuries. The driver did not intend harm but acted with reckless disregard for others’ safety.
They can be charged with manslaughter, a second-degree felony, under § 19.04.
If the family of the deceased files a civil lawsuit, the criminal charge can support a wrongful death claim.
Civil Liability for Manslaughter
A manslaughter conviction or charge often supports a wrongful death lawsuit under Texas Civil Practice & Remedies Code § 71.002. Key civil impacts include:
Creates presumption of negligence or recklessness
Used to establish liability for compensatory damages
May justify punitive damages if gross negligence is shown
Often central in drunk driving or distracted driving deaths
Related Statutes
§ 49.08 – Intoxication Manslaughter
§ 6.03(c) – Definition of Recklessness
Civil Practice & Remedies Code § 71.002 – Wrongful Death
§ 19.02 – Murder
Texas Case Law Interpreting § 19.04
The court held that speeding and reckless driving without intent to kill may still constitute manslaughter.
Established that the defendant’s mental state is key in proving recklessness under § 19.04.
Affirmed that recklessness can be based on awareness of risk and disregard for consequences.
Frequently Asked Questions About § 101.021
Houston Personal Injury Lawyer - Joel A. Gordon
It is a second-degree felony punishable by 2 to 20 years in prison and a fine of up to $10,000.
No. The law only requires that the defendant acted recklessly, not intentionally.
Yes. Criminal manslaughter often forms the basis for a civil wrongful death claim.
Murder requires intent to kill or commit a felony. Manslaughter only requires reckless conduct that leads to death.
Yes. Although intoxication manslaughter is a separate charge under § 49.08, prosecutors may choose § 19.04 if recklessness is present without clear intoxication.