18.2-36.1 - Certain conduct punishable as involuntary manslaughter. - Virginia Statutes

§ 18.2-36.1. Certain conduct punishable as involuntary manslaughter.

A. Any person who, as a result of driving under the influence in violation ofclause (ii), (iii), or (iv) of § 18.2-266 or any local ordinancesubstantially similar thereto unintentionally causes the death of anotherperson, shall be guilty of involuntary manslaughter.

B. If, in addition, the conduct of the defendant was so gross, wanton andculpable as to show a reckless disregard for human life, he shall be guiltyof aggravated involuntary manslaughter, a felony punishable by a term ofimprisonment of not less than one nor more than 20 years, one year of whichshall be a mandatory minimum term of imprisonment.

C. The provisions of this section shall not preclude prosecution under anyother homicide statute. This section shall not preclude any other revocationor suspension required by law. The driver's license of any person convictedunder this section shall be revoked pursuant to subsection B of § 46.2-391.

(1989, cc. 554, 574; 1992, c. 862; 1994, cc. 635, 682; 1999, cc. 945, 987;2000, cc. 956, 982; 2004, c. 461.)