76-5-207.5. Automobile homicide involving a handheld wireless communication device while driving.
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Effective 5/3/2023
76-5-207.5. Automobile homicide involving a handheld wireless communication device while driving.
(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.
(2)An actor commits automobile homicide if the actor:
(a)operates a moving motor vehicle in a negligent manner;
(b)while using a wireless communication device in violation of Section 41-6a-1716 ; and
(c)causes the death of another individual.
(a)Except as provided in Subsection (3)(b) , a violation of Subsection
(2)is a third degree felony.
(b)A violation of Subsection
(2)is a second degree felony if the actor operated the moving motor vehicle in a criminally negligent manner.
Amended by Chapter 111 , 2023 General Session