(a) Offense defined.--Any person who unintentionally causes the death of another person as the direct result of a violation of section 5502 (relating to operating watercraft under influence of alcohol or controlled substance) and who is convicted of violating section 5502 commits a felony of the second degree when the violation is the cause of death and the sentencing court shall order the person to serve a minimum term of imprisonment of not less than three years. A consecutive three-year term of imprisonment shall be imposed for each victim whose death is the result of a violation of section 5502.
(b) Applicability of sentencing guidelines.--The sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing shall not supersede the mandatory penalty of this section.
(May 30, 1984, P.L.339, No.68, eff. 60 days; July 7, 2011, P.L.211, No.33, eff. 60 days)
2011 Amendment. Act 33 amended subsec. (a).
1984 Amendment. Act 68 added section 5502.1.
Cross References. Section 5502.1 is referred to in sections 928, 5506 of this title; sections 5750, 67A01 of Title 42 (Judiciary and Judicial Procedure).
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