2005 North Carolina Code - General Statutes § 20-141.4. Felony and misdemeanor death by vehicle.

§ 20‑141.4.  Felony and misdemeanor 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(a)       Repealed by Session Laws 1983, c. 435, s. 27.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 he unintentionally causes the death of another person while engaged in the offense of impaired driving under G.S. 20‑138.1 or G.S. 20‑138.2 and commission of that offense is the proximate cause of the death.

(a2)     Misdemeanor Death by Vehicle. – A person commits the offense of misdemeanor death by vehicle if he unintentionally causes the death of another person while 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 commission of that violation is the proximate cause of the death.

(b)       Punishments. – Felony death by vehicle is a Class G felony.  Misdemeanor death by vehicle is a Class 1 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).)