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 Nebraska, vehicular manslaughter is addressed under the state's motor vehicle homicide statutes. Nebraska Revised Statute 28-306 defines motor vehicle homicide as causing the death of another unintentionally while operating a motor vehicle in violation of the state's laws or ordinances regulating traffic. This can include operating a vehicle while under the influence of alcohol or drugs. The offense is typically classified as a Class IIA felony if the driver was under the influence at the time of the incident, which carries a potential penalty of up to 20 years in prison. If the driver was not under the influence, the offense is classified as a Class IIIA felony, which can result in up to 3 years in prison and a fine, followed by post-release supervision. The specific circumstances of the incident, such as recklessness or involvement in illegal activities like street racing, can influence the severity of the charges and penalties.