§ 75A-10.3. Death or serious injury by impaired boating; repeat offenses.
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§ 75A-10.3. Death or serious injury by impaired boating; repeat offenses.
(a)Death by Impaired Boating. - A person commits the offense of death by impaired boating if all of the following apply:
(1)The person unintentionally causes the death of another person.
(2)The person was engaged in the offense of impaired boating under G.S. 75A-10(b1).
(3)The commission of the offense in subdivision
(2)of this subsection is the proximate cause of the death.
(b)Serious Injury by Impaired Boating. - A person commits the offense of serious injury by impaired boating if all of the following apply:
(1)The person unintentionally causes serious injury to another person.
(2)The person was engaged in the offense of impaired boating under G.S. 75A-10(b1).
(3)The commission of the offense in subdivision
(2)of this subsection is the proximate cause of the serious injury.
(c)Aggravated Serious Injury by Impaired Boating. - A person commits the offense of aggravated serious injury by impaired boating if all of the following apply:
(1)The person unintentionally causes serious injury to another person.
(2)The person was engaged in the offense of impaired boating under G.S. 75A-10(b1).
(3)The commission of the offense in subdivision
(2)of this subsection is the proximate cause of the serious injury.
(4)The person has a previous conviction of impaired boating under G.S. 75A-10(b1) within seven years of the date of the offense.
(d)Aggravated Death by Impaired Boating. - A person commits the offense of aggravated death by impaired boating if all of the following apply:
(1)The person unintentionally causes the death of another person.
(2)The person was engaged in the offense of impaired boating under G.S. 75A-10(b1).
(3)The commission of the offense in subdivision
(2)of this subsection is the proximate cause of the death.
(4)The person has a previous conviction of impaired boating under G.S. 75A-10(b1) within seven years of the date of the offense.
(e)Repeat Death by Impaired Boating. - A person commits the offense of repeat death by impaired boating if all of the following apply:
(1)The person commits an offense under subsection
(a)or subsection
(d)of this section.
(2)The person has a previous conviction under at least one of the following:
a. Subsection
(a)of this section.
b. Subsection
(d)of this section.
c. 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 boating under G.S. 75A-10(b1).
The pleading and proof of previous convictions shall be in accordance with the provisions of G.S. 15A-928.
(f)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:
(1)Repeat death by impaired boating is a Class B2 felony.
(2)Aggravated death by impaired boating 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.
(3)Death by impaired boating 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.
(4)Aggravated serious injury by impaired boating is a Class E felony.
(5)Serious injury by impaired boating is a Class F felony.
(g)No Double Prosecutions. - No person who has been placed in jeopardy upon a charge of death by impaired boating 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 impaired boating arising out of the same death. (2016-34, s. 2.)