| Vehicular Manslaughter | | | | defendant for the crime of murder. |
| Vehicular manslaughter is a type of involuntary | | | | Vehicular manslaughter can be charged as a |
| manslaughter which does not require the element of | | | | misdemeanor (minor crime with a maximum |
| an intention to kill. The only difference between a | | | | punishment of a year in county jail or only a fine) or a |
| vehicular homicide and other homicides is the use of a | | | | felony (punishable by a term in state prison) depending |
| motor vehicle as a weapon, as opposed to a gun or | | | | on the circumstances. Gross negligence or driving a |
| knife. This does not change in any way the elements | | | | few miles over the speed limit might be charged as a |
| required to be proved for murder. As long as the | | | | misdemeanor, but drunk driving resulting in a fatality is |
| elements for murder can be proved, a vehicular | | | | most likely treated as a felony. Death of a passenger, |
| homicide defendant can be tried for murder just like | | | | including a loved one or friend, can be vehicular |
| someone who uses a gun. | | | | manslaughter if it is due to illegal driving. |
| | | | CPC193: Punishment |
| Vehicular manslaughter is defined in two California | | | | (c) Vehicular manslaughter is punishable as follows: |
| Penal Code Sections: | | | | (1) A violation of paragraph (1) of subdivision (c) of |
| CPC 191.5: | | | | Section 192 is punishable either by imprisonment in the |
| (a) Gross vehicular manslaughter while intoxicated is | | | | county jail for not more than one year or by |
| the unlawful killing of a human being without malice | | | | imprisonment in the state prison for two, four, or six |
| aforethought, in the driving of a vehicle, where the | | | | years. |
| driving was in violation of Section 23140, 23152, or | | | | (2) A violation of paragraph (2) of subdivision (c) of |
| 23153 of the Vehicle Code, and the killing was either | | | | Section 192 is punishable by imprisonment in the county |
| the proximate result of the commission of an unlawful | | | | jail for not more than one year. |
| act, not amounting to a felony, and with gross | | | | (3) A violation of paragraph (3) of subdivision (c) of |
| negligence, or the proximate result of the commission | | | | Section 192 is punishable either by imprisonment in the |
| of a lawful act which might produce death, in an | | | | county jail for not more than one year or by |
| unlawful manner, and with gross negligence. | | | | imprisonment in the state prison for 16 months or two |
| CPC 192:c) Vehicular manslaughter | | | | or four years. |
| (1) Except as provided in Section 191.5, driving a vehicle | | | | (4) A violation of paragraph (4) of subdivision (c) of |
| in the commission of an unlawful act, not amounting to | | | | Section 192 is punishable by imprisonment in the state |
| felony, and with gross negligence; or driving a vehicle in | | | | prison for 4, 6, or 10 years. |
| the commission of a lawful act which might produce | | | | DARREN: FOLLOWING IS A SIMPLIFIED |
| death, in an unlawful manner, and with gross | | | | EXPLANATION OF THE ABOVE SECTIONS; I |
| negligence. | | | | HAVE INCLUDED BOTH THE PRIOR SECTIONS |
| (2) Except as provided in paragraph (3), driving a | | | | AND THE FOLLOWING SIMPLIFICATION FOR |
| vehicle in the commission of an unlawful act, not | | | | YOUR REVIEW |
| amounting to felony, but without gross negligence; or | | | | Punishment for vehicular manslaughter depends on |
| driving a vehicle in the commission of a lawful act | | | | whether it was prosecuted as a misdemeanor or a |
| which might produce death, in an unlawful manner, but | | | | felony. Following is a short list of the most commonly |
| without gross negligence. | | | | encountered vehicular manslaughter crimes and |
| (3) Driving a vehicle in violation of Section 23140, 23152, | | | | punishments: |
| or 23153 of the Vehicle Code and in the commission | | | | Penal Code Section 191.5: Vehicular manslaughter while |
| of an unlawful act, not amounting to felony, but without | | | | intoxicated, with gross negligence may be punished by |
| gross negligence; or driving a vehicle in violation of | | | | up to one year in the county jail, or 4,6 or 10 years in |
| Section 23140, 23152, or 23153 of the Vehicle Code | | | | the state prison. However, where there are one or |
| and in the commission of a lawful act which might | | | | more priors of this or certain other vehicular felonies, it |
| produce death, in an unlawful manner, but without | | | | may be punished by 15 years to life in the state prison |
| gross negligence. | | | | Penal Code Section 192(c)(1): Vehicular manslaughter |
| (4) Driving a vehicle in connection with a violation of | | | | with gross negligence, without intoxication, may be |
| paragraph (3) of subdivision (a) of Section 550, where | | | | punished by up to one year in the county jail, or 2, 4, or |
| the vehicular collision or vehicular accident was | | | | 6 years in the state prison. |
| knowingly caused for financial gain and proximately | | | | Penal Code Section 192(c)(2): Vehicular manslaughter |
| resulted in the death of any person. This provisionshall | | | | without gross negligence and without intoxication may |
| not be construed to prevent prosecution of a | | | | be punished by up to one year in the county jail. |