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 South Dakota, vehicular manslaughter is addressed under the state's penal code as 'vehicular homicide.' According to South Dakota Codified Laws (SDCL) 22-16-41, vehicular homicide occurs when a person operates a vehicle in a negligent manner while under the influence of alcohol, drugs, or any intoxicant and causes the death of another person, including an unborn child. This offense is classified as a Class 3 felony, which carries serious penalties including potential imprisonment for up to 15 years and a fine of up to $30,000. The law emphasizes the element of operating the vehicle while intoxicated, which distinguishes vehicular homicide from other forms of manslaughter that do not involve the operation of a vehicle or intoxication. It is important to note that the specific circumstances of the incident, such as the level of negligence or recklessness, can influence the severity of the charges and the potential punishment.