Washington Code 46.61.5259 – Negligent driving with a vulnerable user victim — First degree — Penalties — Definitions
Current as of: 2023 | Check for updates
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(1) A person commits negligent driving with a vulnerable user victim in the first degree if he or she operates a vehicle, as defined in RCW 46.04.670, in a manner that is both negligent and endangers or is likely to endanger any person or property, and he or she proximately causes the death of a vulnerable user of a public way.
Attorney's Note
Under the Washington Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| gross misdemeanor | up to 364 days | up to $5,000 |
Terms Used In Washington Code 46.61.5259
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
(2) Violation of this section is a gross misdemeanor, which shall be punished by:
(a) Up to 364 days of imprisonment;
(b) A fine of $5,000, which may not be reduced to an amount less than $1,000; and
(c) Suspension of driving privileges for 90 days.
(3) If a person is convicted of an offense under this section, then the court shall notify the department, and the department shall suspend the person’s driving privileges.
(4) For the purposes of this section:
(a) “Negligent” has the same meaning as provided in RCW 46.61.525(2).
(b) “Vulnerable user of a public way” means:
(i) A pedestrian;
(ii) A person riding an animal; or
(iii) A person operating or riding any of the following on a public way:
(A) A farm tractor or implement of husbandry, without an enclosed shell;
(B) A bicycle;
(C) An electric-assisted bicycle;
(D) An electric personal assistive mobility device;
(E) A moped;
(F) A motor-driven cycle;
(G) A motorized foot scooter; or
(H) A motorcycle.
[ 2023 c 471 § 1.]
NOTES:
Effective date—2023 c 471: “This act takes effect January 1, 2025.” [ 2023 c 471 § 12.]