76-5-207.5 - Automobile homicide involving text messaging or electronic mail communication while driving. - Utah Statutes

76-5-207.5. Automobile homicide involving text messaging or electronic mailcommunication while driving.
(1) As used in this section:
(a) "Handheld wireless communication device" has the same meaning as defined inSection 41-6a-1716.
(b) "Motor vehicle" means any self-propelled vehicle and includes any automobile, truck,van, motorcycle, train, engine, watercraft, or aircraft.
(c) "Text messaging" has the same meaning as defined in Section 76-4-401.
(2) (a) As used in this Subsection (2), "negligent" means simple negligence, the failure toexercise that degree of care that reasonable and prudent persons exercise under like or similarcircumstances.
(b) Criminal homicide is automobile homicide, a third degree felony, if the personoperates a moving motor vehicle in a negligent manner:
(i) while using a handheld wireless communication device for text messaging orelectronic mail communication in violation of Section 41-6a-1716; and
(ii) causing the death of another.
(3) (a) As used in this Subsection (3), "criminally negligent" means criminal negligenceas defined by Subsection 76-2-103(4).
(b) Criminal homicide is automobile homicide, a second degree felony, if the personoperates a moving motor vehicle in a criminally negligent manner:
(i) while using a handheld wireless communication device for text messaging orelectronic mail communication in violation of Section 41-6a-1716; and
(ii) causing the death of another.

Enacted by Chapter 291, 2009 General Session