Vehicular manslaughter is a criminal offense defined as the unintentional killing (homicide) of another person as a result of criminal negligence or recklessness while operating a motor vehicle—often while the operator is intoxicated by alcohol or drugs, engaged in a high risk activity such as street racing, or committing a misdemeanor or infraction offense (speeding) with ordinary negligence.
Vehicular manslaughter is usually a felony offense and often includes significant jail or prison time as potential punishment. Vehicular manslaughter laws vary from state to state and are generally located in a state’s statutes—often in the penal or criminal code.
In Delaware, vehicular manslaughter is addressed under Title 11, Section 630A of the Delaware Code. This offense is referred to as 'Criminally Negligent Homicide' when a person causes the death of another person by driving a vehicle with criminal negligence. Additionally, Delaware has a specific statute for vehicular homicide, which is separated into different degrees. First-degree vehicular homicide, under Title 21, Section 630 of the Delaware Code, involves a death resulting from driving under the influence of alcohol or drugs. Second-degree vehicular homicide involves causing a death through any violation of the traffic laws that does not involve intoxication. Vehicular homicide in the first degree is a class B felony, which can result in significant prison time, while second-degree vehicular homicide is a class D felony. The penalties for these offenses include potential imprisonment, fines, and other consequences such as driver's license suspension. The exact punishment depends on the circumstances of the case and the offender's criminal history.