North Carolina General Statutes 75A-10.3. Death or serious injury by impaired boating; repeat offenses
(a) Death by Impaired Boating. – A person commits the offense of death by impaired boating if all of the following apply:
(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 |
Terms Used In North Carolina General Statutes 75A-10.3
- Commission: means the Wildlife Resources Commission. See North Carolina General Statutes 75A-2
- 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
- Person: means an individual, partnership, firm, corporation, association, or other entity. See North Carolina General Statutes 75A-2
(2) The person was engaged in the offense of impaired boating under N.C. Gen. Stat. § 75A-10(b1).
(3) The commission of the offense in subdivision (2) of this subsection is the proximate cause of the death.
(b) Serious Injury by Impaired Boating. – A person commits the offense of serious injury by impaired boating if all of the following apply:
(1) The person unintentionally causes serious injury to another person.
(2) The person was engaged in the offense of impaired boating under N.C. Gen. Stat. § 75A-10(b1).
(3) The commission of the offense in subdivision (2) of this subsection is the proximate cause of the serious injury.
(c) Aggravated Serious Injury by Impaired Boating. – A person commits the offense of aggravated serious injury by impaired boating if all of the following apply:
(1) The person unintentionally causes serious injury to another person.
(2) The person was engaged in the offense of impaired boating under N.C. Gen. Stat. § 75A-10(b1).
(3) The commission of the offense in subdivision (2) of this subsection is the proximate cause of the serious injury.
(4) The person has a previous conviction of impaired boating under N.C. Gen. Stat. § 75A-10(b1) within seven years of the date of the offense.
(d) Aggravated Death by Impaired Boating. – A person commits the offense of aggravated death by impaired boating if all of the following apply:
(1) The person unintentionally causes the death of another person.
(2) The person was engaged in the offense of impaired boating under N.C. Gen. Stat. § 75A-10(b1).
(3) The commission of the offense in subdivision (2) of this subsection is the proximate cause of the death.
(4) The person has a previous conviction of impaired boating under N.C. Gen. Stat. § 75A-10(b1) within seven years of the date of the offense.
(e) Repeat Death by Impaired Boating. – A person commits the offense of repeat death by impaired boating if all of the following apply:
(1) The person commits an offense under subsection (a) or subsection (d) of this section.
(2) The person has a previous conviction under at least one of the following:
a. Subsection (a) of this section.
b. Subsection (d) of this section.
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 boating under N.C. Gen. Stat. § 75A-10(b1).
The pleading and proof of previous convictions shall be in accordance with the provisions of N.C. Gen. Stat. § 15A-928
(f) 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 death by impaired boating is a Class B2 felony.
(2) Aggravated death by impaired boating 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.
(3) Death by impaired boating 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.
(4) Aggravated serious injury by impaired boating is a Class E felony.
(5) Serious injury by impaired boating is a Class F felony.
(g) No Double Prosecutions. – No person who has been placed in jeopardy upon a charge of death by impaired boating 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 impaired boating arising out of the same death. (2016-34, s. 2.)