Cal Pen Code § 192 (2004)
§ 192. Manslaughter
Manslaughter is the unlawful killing of a human being without
malice. It is of three kinds:
(a) Voluntary--upon a sudden quarrel or heat of passion.
(b) Involuntary-in the commission of an unlawful act, not
amounting to felony; or in the commission of a lawful act which might produce
death, in an unlawful manner, or without due caution and circumspection. This
subdivision shall not apply to acts committed in the driving of a vehicle.
(c) Vehicular--
(1) Except as provided in Section 191.5, driving a vehicle in
the commission of an unlawful act, not amounting to felony, and with gross
negligence; or driving a vehicle in the commission of a lawful act which might
produce death, in an unlawful manner, and with gross negligence.
(2) Except as provided in paragraph (3), driving a vehicle in
the commission of an unlawful act, not amounting to felony, but without gross
negligence; or driving a vehicle in the commission of a lawful act which might
produce death, in an unlawful manner, but without gross negligence.
(3) Driving a vehicle in violation of Section 23140, 23152, or 23153 of the Vehicle Code and in the
commission of an unlawful act, not amounting to felony, but without gross negligence;
or driving a vehicle in violation of Section 23140,
23152, or 23153 of the Vehicle Code and in the commission of a lawful
act which might produce death, in an unlawful manner, but without gross
negligence.
(4) Driving a vehicle in connection with a violation of
paragraph (3) of subdivision (a) of Section 550, where the vehicular collision
or vehicular accident was knowingly caused for financial gain and proximately
resulted in the death of any person. This provision shall not be construed to prevent
prosecution of a defendant for the crime of murder.
This section shall not be construed as making any homicide in
the driving of a vehicle punishable which is not a proximate result of the
commission of an unlawful act, not amounting to felony, or of the commission of
a lawful act which might produce death, in an unlawful manner.
"Gross negligence," as used in this section, shall
not be construed as prohibiting or precluding a charge of murder under Section
188 upon facts exhibiting wantonness and a conscious disregard for life to
support a finding of implied malice, or upon facts showing malice, consistent
with the holding of the California Supreme Court in People
v. Watson, 30 Cal. 3d 290.