\n(a) Repealed by Session Laws 1983, c. 435, s. 27.\n(a1) Felony Death by Vehicle. – A person commits the offense of felony death by vehicle if:\n(1) The person unintentionally causes the death of another person,\n(2) The person was engaged in the offense of impaired driving under G.S. 20-138.1 or G.S. 20-138.2, and\n(3) The commission of the offense in subdivision (2) of this subsection is the proximate cause of the death.\n(a2) Misdemeanor Death by Vehicle. – A person commits the offense of misdemeanor death by vehicle if:\n(1) The person unintentionally causes the death of another person,\n(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\n(3) The commission of the offense in subdivision (2) of this subsection is the proximate cause of the death.\n(a3) Felony Serious Injury by Vehicle. – A person commits the offense of felony serious injury by vehicle if:\n(1) The person subdivision (2) of this subsection is the proximate cause of the death.\n(a3) Felony Serious Injury by Vehicle. – A person commits the offense of felony serious injury by vehicle if:\n(1) The person unintentionally causes serious injury to another person,\n(2) The person was engaged in the offense of impaired driving under G.S. 20-138.1 or G.S. 20-138.2, and\n(3) The commission of the offense in subdivision (2) of this subsection is the proximate cause of the serious injury.\n(a4) Aggravated Felony Serious Injury by Vehicle. – A person commits the offense of aggravated felony serious injury by vehicle if:\n(1) The person unintentionally causes serious injury to another person,\n(2) The person was engaged in the offense of impaired driving under G.S. 20-138.1 or G.S. 20-138.2,\n(3) The commission of the offense in subdivision (2) of this subsection is the proximate cause of the serious injury, and\n(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.\n(a5) Aggravated Felony Death by Vehicle. ry, and\n(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.\n(a5) Aggravated Felony Death by Vehicle. – A person commits the offense of aggravated felony death by vehicle if:\n(1) The person unintentionally causes the death of another person,\n(2) The person was engaged in the offense of impaired driving under G.S. 20-138.1 or G.S. 20-138.2,\n(3) The commission of the offense in subdivision (2) of this subsection is the proximate cause of the death, and\n(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.\n(a6) Repeat Felony Death by Vehicle Offender. – A person commits the offense of repeat felony death by vehicle if:\n(1) The person commits an offense under subsection (a1) or subsection (a5) of this section; and\n(2) The person has a previous conviction under:\na. Subsection (a1) of this section;\nb. Subsection (a5) of this section; or\nc. 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 s section;\nb. Subsection (a5) of this section; or\nc. 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.\nThe pleading and proof of previous convictions shall be in accordance with the provisions of G.S. 15A-928.\n(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:\n(1) Repeat felony death by vehicle is a Class B2 felony.\n(1a) Aggravated felony death by vehicle is a Class D felony. Notwithstanding the provisions of G.S. 15A-1340.17, the court shall sentence the defendant in the aggravated range of the appropriate Prior Record Level.\n(2) Felony death by vehicle is a Class D felony. Notwithstanding the provisions of G.S. 15A-1340.17, intermediate punishment is authorized for a defendant who is a Prior Record Level I offender.\n(3) Aggravated felony serious injury by vehicle is a Class E felony.\n(4) Felony serious injury by vehicle is a Class F felony.\n(5) Misdemeanor death by vehicle is a Class A1 cord Level I offender.\n(3) Aggravated felony serious injury by vehicle is a Class E felony.\n(4) Felony serious injury by vehicle is a Class F felony.\n(5) Misdemeanor death by vehicle is a Class A1 misdemeanor.\n(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; 2012-165, s. 2, 3.)
North Carolina Legal Code