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 Tennessee, vehicular manslaughter is referred to as vehicular homicide, which is the reckless killing of another by the operation of an automobile, airplane, motorboat, or other motor vehicle as defined under Tennessee Code Annotated § 39-13-213. The offense can be classified as a Class B, C, or D felony, depending on the circumstances. For instance, if the driver was intoxicated, the offense is typically a Class B felony, which carries a penalty of 8 to 30 years in prison and a fine of up to $25,000. If the vehicular homicide is a result of conduct creating a substantial risk of death or serious bodily injury to a person, it is classified as a Class C felony, punishable by 3 to 15 years in prison and a fine of up to $10,000. A Class D felony for vehicular homicide, which involves reckless driving, carries a penalty of 2 to 12 years in prison and a fine of up to $5,000. Additionally, if the driver was engaged in street racing, the offense is elevated to a Class A misdemeanor, which can result in up to 11 months and 29 days in jail. It is important for individuals facing such charges to consult with an attorney who is experienced in Tennessee's criminal law to navigate the complexities of the case and the legal system.