§ 2-210. Manslaughter by vehicle or vessel -- Criminal negligence

   (a) "Vehicle" defined. -- In this section, "vehicle" includes a motor vehicle, streetcar, locomotive, engine, and train.

(b) Prohibited. -- 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) Criminal negligence. -- 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) Exception. -- 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) Violation. -- A violation of this section is criminally negligent manslaughter by vehicle or vessel.

(f) Penalty. -- 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.

HISTORY: 2011, ch. 334.