(1)

Ask a criminal law question, get an answer ASAP!
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Utah Code 76-5-207.5

  • Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
  • Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
     (1)(a) As used in this section:

          (1)(a)(i) “Criminally negligent” means the same as that term is described in Subsection 76-2-103(4).
          (1)(a)(ii) “Motor vehicle” means any self-propelled vehicle, including an automobile, truck, van, motorcycle, train, engine, watercraft, or aircraft.
          (1)(a)(iii) “Negligent” means the failure to exercise the degree of care that a reasonable and prudent person exercises under similar circumstances.
          (1)(a)(iv) “Wireless communication device” means the same as that term is defined in Section 41-6a-1716.
     (1)(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits automobile homicide if the actor:

     (2)(a) operates a moving motor vehicle in a negligent manner;
     (2)(b) while using a wireless communication device in violation of Section 41-6a-1716; and
     (2)(c) causes the death of another individual.
(3)

     (3)(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a third degree felony.
     (3)(b) A violation of Subsection (2) is a second degree felony if the actor operated the moving motor vehicle in a criminally negligent manner.