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§ 20-141.4. Felony and misdemeanor death by vehicle; felony serious injury by vehicle; aggravated offenses; repeat felony death by vehicle.

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§ 20‑141.4.  Felony andmisdemeanor death by vehicle; felony serious injury by vehicle; aggravatedoffenses; repeat felony death by vehicle.(a)        Repealed by SessionLaws 1983, c. 435, s. 27.(a1)      Felony Death byVehicle. – A person commits the offense of felony death by vehicle if:(1)        The personunintentionally causes the death of another person,(2)        The person wasengaged in the offense of impaired driving under G.S. 20‑138.1 or G.S. 20‑138.2,and(3)        The commission ofthe offense in subdivision (2) of this subsection is the proximate cause of thedeath.(a2)      Misdemeanor Death byVehicle. – A person commits the offense of misdemeanor death by vehicle if:(1)        The personunintentionally causes the death of another person,(2)        The person wasengaged in the violation of any State law or local ordinance applying to theoperation or use of a vehicle or to the regulation of traffic, other thanimpaired driving under G.S. 20‑138.1, and(3)        The commission ofthe offense in subdivision (2) of this subsection is the proximate cause of thedeath.(a3)      Felony SeriousInjury by Vehicle. – A person commits the offense of felony serious injury byvehicle if:(1)        The personunintentionally causes serious injury to another person,(2)        The person wasengaged in the offense of impaired driving under G.S. 20‑138.1 or G.S. 20‑138.2,and(3)        The commission ofthe offense in subdivision (2) of this subsection is the proximate cause of theserious injury.(a4)      Aggravated FelonySerious Injury by Vehicle. – A person commits the offense of aggravated felonyserious injury by vehicle if:(1)        The personunintentionally causes serious injury to another person,(2)        The person wasengaged in the offense of impaired driving under G.S. 20‑138.1 or G.S. 20‑138.2,(3)        The commission ofthe offense in subdivision (2) of this subsection is the proximate cause of theserious injury, and(4)        The person has aprevious conviction involving impaired driving, as defined in G.S. 20‑4.01(24a),within seven years of the date of the offense.(a5)      Aggravated FelonyDeath by Vehicle. – A person commits the offense of aggravated felony death byvehicle if:(1)        The personunintentionally causes the death of another person,(2)        The person wasengaged in the offense of impaired driving under G.S. 20‑138.1 or G.S. 20‑138.2,(3)        The commission ofthe offense in subdivision (2) of this subsection is the proximate cause of thedeath, and(4)        The person has aprevious conviction involving impaired driving, as defined in G.S. 20‑4.01(24a),within seven years of the date of the offense.(a6)      Repeat Felony Deathby Vehicle Offender. – A person commits the offense of repeat felony death byvehicle if:(1)        The person commitsan offense under subsection (a1) or subsection (a5) of this section; and(2)        The person has aprevious conviction under:a.         Subsection (a1) ofthis section;b.         Subsection (a5) ofthis section; orc.         G.S. 14‑17 orG.S. 14‑18, and the basis of the conviction was the unintentional deathof another person while engaged in the offense of impaired driving under G.S.20‑138.1 or G.S. 20‑138.2.Thepleading and proof of previous convictions shall be in accordance with theprovisions of G.S. 15A‑928.A person convicted under thissubsection shall be subject to the same sentence as if the person had beenconvicted of second degree murder.(b)        Punishments. – Unlessthe conduct is covered under some other provision of law providing greaterpunishment, the following classifications apply to the offenses set forth inthis section:(1)        Aggravated felonydeath by vehicle is a Class D felony.(2)        Felony death byvehicle is a Class E felony.(3)        Aggravated felonyserious injury by vehicle is a Class E felony.(4)        Felony seriousinjury by vehicle is a Class F felony.(5)        Misdemeanor death byvehicle is a Class A1 misdemeanor.(c)        No DoubleProsecutions. – No person who has been placed in jeopardy upon a charge ofdeath by vehicle may be prosecuted for the offense of manslaughter arising outof the same death; and no person who has been placed in jeopardy upon a chargeof manslaughter may be prosecuted for death by vehicle arising out of the samedeath.  (1973,c. 1330, s. 9; 1983, c. 435, s. 27; 1993, c. 285, s. 10; c. 539, ss. 371, 1259;1994, Ex. Sess., c. 24, s. 14(c); 2006‑253, s. 14; 2007‑493, s. 15;2009‑528, s. 1.)
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  • § 20‑141.4.  Felony andmisdemeanor death by vehicle; felony serious injury by vehicle; aggravatedoffenses; repeat felony death by vehicle.

    (a)        Repealed by SessionLaws 1983, c. 435, s. 27.

    (a1)      Felony Death byVehicle. – A person commits the offense of felony death by vehicle if:

    (1)        The personunintentionally causes the death of another person,

    (2)        The person wasengaged in the offense of impaired driving under G.S. 20‑138.1 or G.S. 20‑138.2,and

    (3)        The commission ofthe offense in subdivision (2) of this subsection is the proximate cause of thedeath.

    (a2)      Misdemeanor Death byVehicle. – A person commits the offense of misdemeanor death by vehicle if:

    (1)        The personunintentionally causes the death of another person,

    (2)        The person wasengaged in the violation of any State law or local ordinance applying to theoperation or use of a vehicle or to the regulation of traffic, other thanimpaired driving under G.S. 20‑138.1, and

    (3)        The commission ofthe offense in subdivision (2) of this subsection is the proximate cause of thedeath.

    (a3)      Felony SeriousInjury by Vehicle. – A person commits the offense of felony serious injury byvehicle if:

    (1)        The personunintentionally causes serious injury to another person,

    (2)        The person wasengaged in the offense of impaired driving under G.S. 20‑138.1 or G.S. 20‑138.2,and

    (3)        The commission ofthe offense in subdivision (2) of this subsection is the proximate cause of theserious injury.

    (a4)      Aggravated FelonySerious Injury by Vehicle. – A person commits the offense of aggravated felonyserious injury by vehicle if:

    (1)        The personunintentionally causes serious injury to another person,

    (2)        The person wasengaged in the offense of impaired driving under G.S. 20‑138.1 or G.S. 20‑138.2,

    (3)        The commission ofthe offense in subdivision (2) of this subsection is the proximate cause of theserious injury, and

    (4)        The person has aprevious conviction involving impaired driving, as defined in G.S. 20‑4.01(24a),within seven years of the date of the offense.

    (a5)      Aggravated FelonyDeath by Vehicle. – A person commits the offense of aggravated felony death byvehicle if:

    (1)        The personunintentionally causes the death of another person,

    (2)        The person wasengaged in the offense of impaired driving under G.S. 20‑138.1 or G.S. 20‑138.2,

    (3)        The commission ofthe offense in subdivision (2) of this subsection is the proximate cause of thedeath, and

    (4)        The person has aprevious conviction involving impaired driving, as defined in G.S. 20‑4.01(24a),within seven years of the date of the offense.

    (a6)      Repeat Felony Deathby Vehicle Offender. – A person commits the offense of repeat felony death byvehicle if:

    (1)        The person commitsan offense under subsection (a1) or subsection (a5) of this section; and

    (2)        The person has aprevious conviction under:

    a.         Subsection (a1) ofthis section;

    b.         Subsection (a5) ofthis section; or

    c.         G.S. 14‑17 orG.S. 14‑18, and the basis of the conviction was the unintentional deathof another person while engaged in the offense of impaired driving under G.S.20‑138.1 or G.S. 20‑138.2.

    Thepleading and proof of previous convictions shall be in accordance with theprovisions of G.S. 15A‑928.

    A person convicted under thissubsection shall be subject to the same sentence as if the person had beenconvicted of second degree murder.

    (b)        Punishments. – Unlessthe conduct is covered under some other provision of law providing greaterpunishment, the following classifications apply to the offenses set forth inthis section:

    (1)        Aggravated felonydeath by vehicle is a Class D felony.

    (2)        Felony death byvehicle is a Class E felony.

    (3)        Aggravated felonyserious injury by vehicle is a Class E felony.

    (4)        Felony seriousinjury by vehicle is a Class F felony.

    (5)        Misdemeanor death byvehicle is a Class A1 misdemeanor.

    (c)        No DoubleProsecutions. – No person who has been placed in jeopardy upon a charge ofdeath by vehicle may be prosecuted for the offense of manslaughter arising outof the same death; and no person who has been placed in jeopardy upon a chargeof manslaughter may be prosecuted for death by vehicle arising out of the samedeath.  (1973,c. 1330, s. 9; 1983, c. 435, s. 27; 1993, c. 285, s. 10; c. 539, ss. 371, 1259;1994, Ex. Sess., c. 24, s. 14(c); 2006‑253, s. 14; 2007‑493, s. 15;2009‑528, s. 1.)

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