2009 North Carolina Code
Chapter 20 - Motor Vehicles.
§ 20-141.4. Felony and misdemeanor death by vehicle; felony serious injury by vehicle; aggravated offenses; repeat felony death by vehicle.

§ 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(a)        Repealed by Session Laws 1983, c. 435, s. 27.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,

(2)        The person was engaged in the offense of impaired driving under G.S. 20‑138.1 or G.S. 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 G.S. 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 G.S. 20‑138.1 or G.S. 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 G.S. 20‑138.1 or G.S. 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 G.S. 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 G.S. 20‑138.1 or G.S. 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 G.S. 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.         G.S. 14‑17 or G.S. 14‑18, and the basis of the conviction was the unintentional death of another person while engaged in the offense of impaired driving under G.S. 20‑138.1 or G.S. 20‑138.2.

The pleading and proof of previous convictions shall be in accordance with the provisions of G.S. 15A‑928.

A person convicted under this subsection shall be subject to the same sentence as if the person had been convicted of second degree murder.

(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)        Aggravated felony death by vehicle is a Class D felony.

(2)        Felony death by vehicle is a Class E felony.

(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.)


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