Effective 5/4/2022
76-5-207.5. Automobile homicide involving a handheld wireless communication device while driving.
76-5-207.5. Automobile homicide involving a handheld wireless communication device while driving.
- (1)
- (a) As used in this section:
- (i) “Criminally negligent” means the same as that term is described in Subsection 76-2-103(4).
- (ii) “Motor vehicle” means any self-propelled vehicle, including an automobile, truck, van, motorcycle, train, engine, watercraft, or aircraft.
- (iii) “Negligent” means the failure to exercise the degree of care that a reasonable and prudent person exercises under similar circumstances.
- (iv) “Wireless communication device” means the same as that term is defined in Section 41-6a-1716.
- (b) Terms defined in Section 76-1-101.5 apply to this section.
- (a) As used in this section:
- (2) An actor commits automobile homicide if the actor:
- (a) operates a moving motor vehicle:
- (i)
- (A) in a negligent manner; or
- (B) in a criminally negligent manner; and
- (ii) while using a wireless communication device in violation of Section 41-6a-1716; and
- (i)
- (b) causes the death of another individual.
- (a) operates a moving motor vehicle:
- (3)
- (a) A violation of Subsection (2)(a)(i)(A) is a third degree felony.
- (b) A violation of Subsection (2)(a)(i)(B) is a second degree felony.
Amended by Chapter 181, 2022 General Session
Amended by Chapter 426, 2022 General Session