39-13-213 - Vehicular Homicide

39-13-213. Vehicular homicide. 

(a)  Vehicular homicide is the reckless killing of another by the operation of an automobile, airplane, motorboat or other motor vehicle, as the proximate result of:

     (1)  Conduct creating a substantial risk of death or serious bodily injury to a person;

     (2)  The driver's intoxication, as set forth in § 55-10-401. For the purposes of this section, "intoxication" includes alcohol intoxication as defined by § 55-10-408, drug intoxication, or both; or

     (3)  As the proximate result of conduct constituting the offense of drag racing as prohibited by title 55, chapter 10, part 5.

(b)  (1)  Vehicular homicide under subsection (a)(1) or (a)(3) is a Class C felony.

     (2)  Vehicular homicide under subsection (a)(2) is a Class B felony.

(c)  The court shall prohibit a defendant convicted of vehicular homicide from driving a vehicle in this state for a period of time not less than three (3) years nor more than ten (10) years.

[Acts 1989, ch. 591, § 1; T.C.A., § 39-13-209; Acts 1990, ch. 1038, § 4; 1995, ch. 415, § 1; 2006, ch. 971, §§ 2, 3.]