565.024. Involuntary manslaughter, penalty. - Missouri Statutes

Involuntary manslaughter, penalty.

565.024. 1. A person commits the crime of involuntary manslaughterin the first degree if he or she:

(1) Recklessly causes the death of another person; or

(2) While in an intoxicated condition operates a motor vehicle orvessel in this state and, when so operating, acts with criminal negligenceto cause the death of any person; or

(3) While in an intoxicated condition operates a motor vehicle orvessel in this state, and, when so operating, acts with criminal negligenceto:

(a) Cause the death of any person not a passenger in the vehicle orvessel operated by the defendant, including the death of an individual thatresults from the defendant's vehicle leaving a highway, as defined bysection 301.010, RSMo, or the highway's right-of-way; or vessel leaving thewater; or

(b) Cause the death of two or more persons; or

(c) Cause the death of any person while he or she has a blood alcoholcontent of at least eighteen-hundredths of one percent by weight of alcoholin such person's blood; or

(4) Operates a motor vehicle in violation of subsection 2 of section304.022, RSMo, and when so operating, acts with criminal negligence tocause the death of any person authorized to operate an emergency vehicle,as defined in section 304.022, RSMo, while such person is in theperformance of official duties;

(5) Operates a vessel in violation of subsections 1 and 2 of section306.132, RSMo, and when so operating acts with criminal negligence to causethe death of any person authorized to operate an emergency watercraft, asdefined in section 306.132, RSMo, while such person is in the performanceof official duties.

2. Involuntary manslaughter in the first degree under subdivision (1)or (2) of subsection 1 of this section is a class C felony. Involuntarymanslaughter in the first degree under subdivision (3) of subsection 1 ofthis section is a class B felony. A second or subsequent violation ofsubdivision (3) of subsection 1 of this section is a class A felony. Forany violation of subdivision (3) of subsection 1 of this section, theminimum prison term which the defendant must serve shall be eighty-fivepercent of his or her sentence. Any violation of subdivisions (4) and (5)of subsection 1 of this section is a class B felony.

3. A person commits the crime of involuntary manslaughter in thesecond degree if he acts with criminal negligence to cause the death of anyperson.

4. Involuntary manslaughter in the second degree is a class D felony.

(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A, A.L. 1986 H.B. 1596, A.L. 1999 S.B. 328, et al., A.L. 2005 H.B. 972 merged with S.B. 37, et al., A.L. 2005 1st Ex. Sess. H.B. 2, A.L. 2006 S.B. 872, et al., A.L. 2008 H.B. 1715)