2C:11-5.3 Strict liability vehicular homicide.

273 words·~1 min read·/nj/title-2c/chapter-11/2c-11-5-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. a. Criminal homicide constitutes strict liability vehicular homicide when it is caused by driving a vehicle while intoxicated in violation of R.S.39:4-50 or operating a vessel under the influence of alcohol or drugs in violation of section 3 of P.L.1952, c.157 (C.12:7-46).

b. Strict liability vehicular homicide is a crime of the third degree, but the presumption of nonimprisonment set forth in subsection e. of N.J.S.2C:44-1 shall not apply.

c. The provisions of N.J.S.2C:2-3 governing the causal relationship between conduct and result shall not apply in a prosecution under this section. For purposes of this offense, the defendant's act of operating a motor vehicle while intoxicated in violation of R.S.39:4-50 or operating a vessel under the influence of alcohol or drugs in violation of section 3 of P.L.1952, c.157 (C.12:7-46) is the cause of death when:

(1)The operation of the motor vehicle or vessel is an antecedent but for which the death would not have occurred; and

(2)The death was not:

(a)too remote in its occurrence as to have a just bearing on the defendant's liability; or

(b)too dependent upon the conduct of another person which was unrelated to the defendant's operation of a motor vehicle or vessel as to have a just bearing on the defendant's liability.

d. It shall not be a defense to a prosecution under this section that the decedent contributed to his own death by reckless or negligent conduct or operation of a motor vehicle or vessel.

e. Nothing in this section shall be deemed to preclude, if the evidence so warrants, an indictment and conviction for any other offense.

L.2017, c.165, s.1.