eLaws of Florida

  SECTION 782.071. Vehicular homicide.  


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  • 1“Vehicular homicide” is the killing of a human being, or the killing of an unborn child by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.
    49(1) 50Vehicular homicide is:
    53(a) 54A felony of the second degree, punishable as provided in s. 65775.082, 66s. 67775.083, 68or s. 70775.08471.
    72(b) 73A felony of the first degree, punishable as provided in s. 84775.082, 85s. 86775.083, 87or s. 89775.084, 90if:
    911. 92At the time of the accident, the person knew, or should have known, that the accident occurred; and
    1102. 111The person failed to give information and render aid as required by s. 124316.062125.

    126This paragraph does not require that the person knew that the accident resulted in injury or death.

    143(2) 144For purposes of this section, the term “unborn child” has the same meaning as provided in s. 161775.021(5)162.
    163(3) 164A right of action for civil damages shall exist under s. 175768.19, 176under all circumstances, for all deaths described in this section.
    186(4) 187In addition to any other punishment, the court may order the person to serve 120 community service hours in a trauma center or hospital that regularly receives victims of vehicle accidents, under the supervision of a registered nurse, an emergency room physician, or an emergency medical technician pursuant to a voluntary community service program operated by the trauma center or hospital.
History.-s. 16, ch. 74-383; s. 6, ch. 75-298; s. 12, ch. 86-296; s. 14, ch. 96-330; s. 9, ch. 98-417; s. 1, ch. 99-153; s. 2, ch. 2001-147; s. 5, ch. 2014-194.

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