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 Massachusetts, vehicular manslaughter, also known as motor vehicle homicide, is addressed under Massachusetts General Laws Chapter 90, Section 24G. The law distinguishes between operating a motor vehicle recklessly or negligently so as to endanger human life and cause death, and operating under the influence of alcohol or drugs and causing death. The former is considered vehicular manslaughter and can be charged as a misdemeanor or felony, with penalties including imprisonment in a state prison for up to 15 years or in a house of correction for up to 2.5 years, and a fine. The latter, involving intoxication, is a felony with harsher penalties, including a mandatory minimum imprisonment of 1 year and up to 15 years in state prison, or 2.5 years in a house of correction, and a fine. Additionally, the offender's driver's license will be suspended or revoked. The specific charges and penalties can vary based on the circumstances of the case, including the level of negligence and whether the operator was under the influence of alcohol or drugs.