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 North Dakota, vehicular manslaughter is addressed under the state's penal code as 'Negligent Homicide' (NDCC 12.1-16-03). This statute defines the offense as causing the death of another person negligently while operating any kind of vehicle. It is a Class C felony in North Dakota. The term 'negligently' refers to the driver failing to be aware of a substantial risk that death or serious bodily injury would occur, where such failure is a gross deviation from the standard of care that a reasonable person would exercise. If the vehicular manslaughter involves the driver being under the influence of alcohol or drugs, the offense may be prosecuted under different statutes related to DUI and may carry additional or enhanced penalties. Penalties for a Class C felony in North Dakota can include imprisonment for up to five years, a fine of up to $10,000, or both. Specific circumstances of the incident, such as the driver's level of intoxication or whether they were engaged in reckless driving behaviors, can influence the severity of the charges and the punishment imposed.