North Carolina General Statutes 20-141.4. Felony and misdemeanor death by vehicle; felony serious injury by vehicle; aggravated offenses; repeat felony death by vehicle
(a) Repealed by Session Laws 1983, c. 435, s. 27.
(a1) Felony Death by Vehicle. – A person commits the offense of felony death by vehicle if:
(1) The person unintentionally causes the death of another person,
Attorney's Note
Under the N.C. Gen. Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B2 felony | between 94 and 393 months | |
| Class D felony | between 38 and 160 months | |
| Class E felony | between 15 and 63 months | |
| Class F felony | between 10 and 41 months | |
| Class A1 misdemeanor | up to 150 days |
Terms Used In North Carolina General Statutes 20-141.4
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) The person was engaged in the offense of impaired driving under N.C. Gen. Stat. § 20-138.1 or N.C. Gen. Stat. § 20-138.2, and
(3) The commission of the offense in subdivision (2) of this subsection is the proximate cause of the death.
(a2) Misdemeanor Death by Vehicle. – A person commits the offense of misdemeanor death by vehicle if:
(1) The person unintentionally causes the death of another person,
(2) The person was engaged in the violation of any State law or local ordinance applying to the operation or use of a vehicle or to the regulation of traffic, other than impaired driving under N.C. Gen. Stat. § 20-138.1, and
(3) The commission of the offense in subdivision (2) of this subsection is the proximate cause of the death.
(a3) Felony Serious Injury by Vehicle. – A person commits the offense of felony serious injury by vehicle if:
(1) The person unintentionally causes serious injury to another person,
(2) The person was engaged in the offense of impaired driving under N.C. Gen. Stat. § 20-138.1 or N.C. Gen. Stat. § 20-138.2, and
(3) The commission of the offense in subdivision (2) of this subsection is the proximate cause of the serious injury.
(a4) Aggravated Felony Serious Injury by Vehicle. – A person commits the offense of aggravated felony serious injury by vehicle if:
(1) The person unintentionally causes serious injury to another person,
(2) The person was engaged in the offense of impaired driving under N.C. Gen. Stat. § 20-138.1 or N.C. Gen. Stat. § 20-138.2,
(3) The commission of the offense in subdivision (2) of this subsection is the proximate cause of the serious injury, and
(4) The person has a previous conviction involving impaired driving, as defined in N.C. Gen. Stat. § 20-4.01(24a), within seven years of the date of the offense.
(a5) Aggravated Felony Death by Vehicle. – A person commits the offense of aggravated felony death by vehicle if:
(1) The person unintentionally causes the death of another person,
(2) The person was engaged in the offense of impaired driving under N.C. Gen. Stat. § 20-138.1 or N.C. Gen. Stat. § 20-138.2,
(3) The commission of the offense in subdivision (2) of this subsection is the proximate cause of the death, and
(4) The person has a previous conviction involving impaired driving, as defined in N.C. Gen. Stat. § 20-4.01(24a), within seven years of the date of the offense.
(a6) Repeat Felony Death by Vehicle Offender. – A person commits the offense of repeat felony death by vehicle if:
(1) The person commits an offense under subsection (a1) or subsection (a5) of this section; and
(2) The person has a previous conviction under:
a. Subsection (a1) of this section;
b. Subsection (a5) of this section; or
c. N.C. Gen. Stat. § 14-17 or N.C. Gen. Stat. § 14-18, and the basis of the conviction was the unintentional death of another person while engaged in the offense of impaired driving under N.C. Gen. Stat. § 20-138.1 or N.C. Gen. Stat. § 20-138.2
The pleading and proof of previous convictions shall be in accordance with the provisions of N.C. Gen. Stat. § 15A-928
(b) Punishments. – Unless the conduct is covered under some other provision of law providing greater punishment, the following classifications apply to the offenses set forth in this section:
(1) Repeat felony death by vehicle is a Class B2 felony.
(1a) Aggravated felony death by vehicle is a Class D felony. Notwithstanding the provisions of N.C. Gen. Stat. § 15A-1340.17, the court shall sentence the defendant in the aggravated range of the appropriate Prior Record Level.
(2) Felony death by vehicle is a Class D felony. Notwithstanding the provisions of N.C. Gen. Stat. § 15A-1340.17, intermediate punishment is authorized for a defendant who is a Prior Record Level I offender.
(3) Aggravated felony serious injury by vehicle is a Class E felony.
(4) Felony serious injury by vehicle is a Class F felony.
(5) Misdemeanor death by vehicle is a Class A1 misdemeanor.
(c) No Double Prosecutions. – No person who has been placed in jeopardy upon a charge of death by vehicle may be prosecuted for the offense of manslaughter arising out of the same death; and no person who has been placed in jeopardy upon a charge of manslaughter may be prosecuted for death by vehicle arising out of the same death. (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; 2012-165, s. 2, 3.)