A precedent-setting case out of Massachusetts has captured headlines in every paper across the country. Michelle Carter was convicted of involuntary manslaughter for the role she played in convincing her boyfriend, the late Conrad Roy III, to kill himself. She is facing up to 20 years in prison.

You can read the full story here, but essentially, this is what happened: in 2014, Carter repeatedly encouraged her boyfriend, via text messages, to kill himself. She was indicted in 2015, and tried in a juvenile court. The judge ruled based not only on the evidence, but on Carter’s lack of action after she knew Roy had taken steps to commit suicide. The judge said that Carter placed Roy in a “toxic environment,” which ultimately led to his death. This has sparked additional debates on bullying, and when a bully becomes, in essence, a criminal.

But not everyone agrees with the ruling. The ACLU has already issued a “strong rebuke,” claiming this decision steps on our rights to free speech. Matthew Segal, legal director at the ACLU of Massachusetts, said “If allowed to stand, Ms. Carter’s conviction could chill important and worthwhile end-of-life discussions between loved ones across the Commonwealth.”

What is involuntary manslaughter?

Generally speaking, involuntary manslaughter is a person’s accidental killing of another person due to his or her reckless or criminally negligent actions. Moreover, each involuntary manslaughter case must contain these three factors:

• The victim died due to the perpetrator’s actions.
• The perpetrator’s actions were fundamentally dangerous to other people’s safety or taken without any regard for human life.
• The perpetrator clearly knew or should have known his or her actions threaten other people’s safety.

The state of Tennessee doesn’t have an involuntary manslaughter charge, per se, but we do have four different homicide charges that could have fit the bill:

• Reckless homicide, the reckless killing of another person.
• Criminally negligent homicide, wherein someone’s criminally negligent behavior leads to the death of someone else.
• Vehicular homicide, the reckless killing of another person with an automobile, and penalties increase if drugs or alcohol are involved.
• Assisted suicide, which usually applies when a person intentionally provides the means for another person to kill him or herself.

What are the penalties for involuntary manslaughter?

Federal guidelines suggest that perpetrators be incarcerated for at least ten months, but no more than sixteen months. However, those are merely guidelines. Exactly how long perpetrators are incarcerated and how much they have to pay for committing involuntary manslaughter differs among the states, and judges have power over the length of incarceration and amount of money. Thus, the judge in Carter’s case could give her 20 years in prison for her role in the death of Conrad Roy.

In Tennessee, the length of incarceration and the amount of money depends on the offense’s classification:

• For Class B Felony charges, perpetrators face at least eight, but no more than thirty years of incarceration and no more than 25,000 dollars’ worth of fines.
• For Class C Felony charges, perpetrators face at least three, but no more than fifteen years of incarceration and no more than10,000 dollars’ worth of fines.
• For Class D Felony charges, perpetrators face at least two, but no more than twelve years of incarceration and no more than 5,000 dollars’ worth of fines.
• For Class E Felony charges, perpetrators face at least twelve months, but no more than six years of incarceration and no more than 3,000 dollars’ worth of fines.

Facing criminal charges is hard; choosing the right lawyer shouldn’t be. If you have been charged with homicide in Tennessee, turn to the Sevierville criminal defense attorneys you trust at Delius & McKenzie, PLLC. We can launch an aggressive defense on your behalf. For more information, call us at (865) 428-8780  or fill out our contact form. We proudly represent clients in and around Sevierville, Gatlinburg, Seymour, and Pigeon Forge.