18.2-36.2 - Involuntary manslaughter; operating a watercraft while under the influence; penalties. - Virginia Statutes

§ 18.2-36.2. Involuntary manslaughter; operating a watercraft while under theinfluence; penalties.

A. Any person who, as a result of operating a watercraft or motorboat inviolation of clause (ii), (iii), or (iv) of subsection B of § 29.1-738 or asimilar local ordinance, unintentionally causes the death of another person,is 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. The court shall order any person convicted under thissection not to operate a watercraft or motorboat that is underway upon thewaters of the Commonwealth. After five years have passed from the date of theconviction, the convicted person may petition the court that entered theconviction for the right to operate a watercraft or motorboat upon the watersof the Commonwealth. Upon consideration of such petition, the court mayrestore the right to operate a watercraft or motorboat subject to such termsand conditions as the court deems appropriate, including the successfulcompletion of a water safety alcohol rehabilitation program described in §29.1-738.5.

(2005, c. 376.)