76-5-207. Negligently operating a vehicle resulting in death — Penalties — Evidence.
| (1) |
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Terms Used In Utah Code 76-5-207- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Possess: means to have physical possession of or to exercise dominion or control over tangible property. See Utah Code 76-1-101.5
- Sentencing guidelines: A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant. Source: U.S. Courts
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
| (a) |
As used in this section:
| (i) |
“Controlled substance” means the same as that term is defined in Section 58-37-2. |
| (ii) |
“Criminally negligent” means the same as that term is described in Subsection 76-2-103(4). |
| (iii) |
“Drug” means:
| (A) |
a controlled substance; |
| (B) |
a drug as defined in Section 58-37-2; or |
| (C) |
a substance that, when knowingly, intentionally, or recklessly taken into the human body, can impair the ability of an individual to safely operate a vehicle. |
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| (iv) |
“Negligent” or “negligence” means simple negligence, the failure to exercise that degree of care that reasonable and prudent persons exercise under like or similar circumstances. |
| (v) |
“Vehicle” means the same as that term is defined in Section 41-6a-501. |
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| (b) |
Terms defined in Section 76-1-101.5 apply to this section. |
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| (2) |
An actor commits negligently operating a vehicle resulting in death if the actor:
| (a) |
| (i) |
operates a vehicle in a negligent or criminally negligent manner causing the death of another individual; |
| (ii) |
| (A) |
has sufficient alcohol in the actor’s body such that a subsequent chemical test shows that the actor has a blood or breath alcohol concentration of .05 grams or greater at the time of the test; |
| (B) |
is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the actor incapable of safely operating a vehicle; or |
| (C) |
has a blood or breath alcohol concentration of .05 grams or greater at the time of operation; or |
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| (b) |
| (i) |
operates a vehicle in a criminally negligent manner causing death to another; and |
| (ii) |
has in the actor’s body any measurable amount of a controlled substance. |
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| (3) |
Except as provided in Subsection (4), an actor who violates Subsection (2) is guilty of:
| (a) |
a second degree felony; and |
| (b) |
a separate offense for each victim suffering death as a result of the actor’s violation of this section, regardless of whether the deaths arise from the same episode of driving. |
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| (4) |
An actor is not guilty of a violation of negligently operating a vehicle resulting in death under Subsection (2)(b) if:
| (a) |
the controlled substance was obtained under a valid prescription or order, directly from a practitioner while acting in the course of the practitioner’s professional practice, or as otherwise authorized by Title 58, Occupations and Professions; |
| (b) |
the controlled substance is 11-nor-9-carboxy-tetrahydrocannabinol; or |
| (c) |
the actor possessed, in the actor’s body, a controlled substance listed in Section 58-37-4.2 if:
| (i) |
the actor is the subject of medical research conducted by a holder of a valid license to possess controlled substances under Section 58-37-6; and |
| (ii) |
the substance was administered to the actor by the medical researcher. |
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| (5) |
| (a) |
A judge imposing a sentence under this section may consider:
| (i) |
the sentencing guidelines developed in accordance with Section 63M-7-404; |
| (ii) |
the defendant‘s history; |
| (iii) |
the facts of the case; |
| (iv) |
aggravating and mitigating factors; or |
| (v) |
any other relevant fact. |
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| (b) |
The judge may not impose a lesser sentence than would be required for a conviction based on the defendant’s history under Section 41-6a-505. |
| (c) |
The standards for chemical breath analysis as provided by Section 41-6a-515 and the provisions for the admissibility of chemical test results as provided by Section 41-6a-516 apply to determination and proof of blood alcohol content under this section. |
| (d) |
A calculation of blood or breath alcohol concentration under this section shall be made in accordance with Subsection 41-6a-502(3). |
| (e) |
Except as provided in Subsection (4), the fact that an actor charged with violating this section is or has been legally entitled to use alcohol or a drug is not a defense. |
| (f) |
Evidence of a defendant’s blood or breath alcohol content or drug content is admissible except when prohibited by the Utah Rules of Evidence, the United States Constitution, or the Utah Constitution. |
| (g) |
In accordance with Subsection 77-2a-3(8), a guilty or no contest plea to an offense described in this section may not be held in abeyance. |
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Amended by Chapter 415, 2023 General Session
