2019 Maryland Code
Criminal Law
Title 2 - Homicide
Subtitle 2 - Murder and Manslaughter
§ 2-210. Manslaughter by vehicle or vessel -- Criminal negligence

    (a)    In this section, “vehicle” includes a motor vehicle, streetcar, locomotive, engine, and train.

    (b)    A person may not cause the death of another as the result of the person’s driving, operating, or controlling a vehicle or vessel in a criminally negligent manner.

    (c)    For purposes of this section, a person acts in a criminally negligent manner with respect to a result or a circumstance when:

        (1)    the person should be aware, but fails to perceive, that the person’s conduct creates a substantial and unjustifiable risk that such a result will occur; and

        (2)    the failure to perceive constitutes a gross deviation from the standard of care that would be exercised by a reasonable person.

    (d)    It is not a violation of this section for a person to cause the death of another as the result of the person’s driving, operating, or controlling a vehicle or vessel in a negligent manner.

    (e)    A violation of this section is criminally negligent manslaughter by vehicle or vessel.

    (f)    (1)    Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

        (2)    (i)    A person who violates this section, having previously been convicted under this section, § 2–209, § 2–503, § 2–504, § 2–505, § 2–506, or § 3–211 of this article, or § 21–902 of the Transportation Article, is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.

            (ii)    For the purposes of application of subsequent offender penalties under subparagraph (i) of this paragraph, a conviction for a crime committed in another state or federal jurisdiction that, if committed in this State would constitute a violation of this section, § 2–209, § 2–503, § 2–504, § 2–505, § 2–506, or § 3–211 of this article, or § 21–902 of the Transportation Article, shall be considered a violation of this section.