<section number="41-6a-401.3"><effdate>7/1/2026</effdate><histories><history>Amended by Chapter <modchap sess="2026GS">337</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Accident involving injury or death -- Stop at accident -- Penalty.</catchline><subsection number="41-6a-401.3(1)">As used in this section:<subsection number="41-6a-401.3(1)(a)">"Bodily injury" means the same as that term is defined in Section <xref depth="3" refnumber="76-1-101.5">76-1-101.5</xref>.</subsection><subsection number="41-6a-401.3(1)(b)">"Conviction" means the same as that term is defined in Section <xref depth="3" refnumber="77-38b-102">77-38b-102</xref>.</subsection><subsection number="41-6a-401.3(1)(c)">"Reason to believe" means information from which a reasonable individual would believe that the individual may have been involved in an accident.</subsection><subsection number="41-6a-401.3(1)(d)">"Serious bodily injury" means bodily injury which involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.</subsection></subsection><subsection number="41-6a-401.3(2)"><subsection number="41-6a-401.3(2)(a)">An operator of a vehicle who has reason to believe that the operator may have been involved in an accident resulting in injury to an individual shall:<subsection number="41-6a-401.3(2)(a)(i)">immediately stop the vehicle at the scene of the accident or as close to it as possible without obstructing traffic more than is necessary; and</subsection><subsection number="41-6a-401.3(2)(a)(ii)">remain at the scene of the accident until the operator has fulfilled the requirements of Section <xref depth="3" refid="C41-6a-S401.7_1800010118000101" refnumber="41-6a-401.7" start="0">41-6a-401.7</xref>.</subsection></subsection><subsection number="41-6a-401.3(2)(b)">If the operator has reason to believe that the operator may have been involved in an accident only after leaving the scene of the accident, the operator shall immediately comply as nearly as possible with the requirements of Section <xref depth="3" refid="C41-6a-S401.7_1800010118000101" refnumber="41-6a-401.7" start="0">41-6a-401.7</xref>.</subsection></subsection><subsection number="41-6a-401.3(3)">An operator who violates Subsection <xref depth="4" refnumber="41-6a-401.3(2)">(2)</xref> is guilty of an offense punishable as described in Subsection <xref depth="4" refnumber="41-6a-401.3(4)">(4)</xref>.</subsection><subsection number="41-6a-401.3(4)"><subsection number="41-6a-401.3(4)(a)">Except as provided in Subsection <xref refnumber="3-110">(4)(b)</xref> or <xref refnumber="(4)(c)" depth="4">(4)(c)</xref>, a violation of Subsection <xref refnumber="3-null-4">(2)</xref> is a class A misdemeanor if the accident resulted in injury to an individual.</subsection><subsection number="41-6a-401.3(4)(b)">Except as provided in Subsection <xref depth="4" refnumber="41-6a-401.3(4)(c)">(4)(c)</xref>, a violation of Subsection <xref refnumber="3-null-4">(2)</xref> is a third degree felony if:<subsection number="41-6a-401.3(4)(b)(i)">within 10 years before the day on which the operator committed the current violation, the operator was convicted of two or more previous violations of the offense described in Subsection <xref depth="4" refnumber="41-6a-401.3(2)">(2)</xref>;</subsection><subsection number="41-6a-401.3(4)(b)(ii)">the operator has previously been convicted of:<subsection number="41-6a-401.3(4)(b)(ii)(A)">a felony offense relating to the duty to stop and remain at an accident involving injury or death, described in this section;</subsection><subsection number="41-6a-401.3(4)(b)(ii)(B)">a felony offense relating to the duty to stop and remain at an accident involving injury or death, described in this section for which judgment of conviction is subsequently reduced under Section <xref depth="3" refnumber="76-3-402">76-3-402</xref>;</subsection><subsection number="41-6a-401.3(4)(b)(ii)(C)">an offense of driving under the influence described in Section <xref depth="3" refnumber="41-6a-502">41-6a-502</xref>; or</subsection><subsection number="41-6a-401.3(4)(b)(ii)(D)">an offense described in Subsections <xref depth="4" refnumber="41-6a-501(2)(a)(i)">41-6a-501(2)(a)(i)</xref> through <xref depth="4" refnumber="41-6a-401.3(x)">(x)</xref>; or</subsection></subsection><subsection number="41-6a-401.3(4)(b)(iii)">the accident results in serious bodily injury to an individual.</subsection></subsection><subsection number="41-6a-401.3(4)(c)">A violation of Subsection <xref depth="4" refnumber="41-6a-401.3(2)">(2)</xref> is a second degree felony if:<subsection number="41-6a-401.3(4)(c)(i)"><subsection number="41-6a-401.3(4)(c)(i)(A)">the accident results in serious bodily injury to an individual; and</subsection><subsection number="41-6a-401.3(4)(c)(i)(B)">the operator has previously been convicted under this section;</subsection></subsection><subsection number="41-6a-401.3(4)(c)(ii)">within 10 years before the day on which the operator committed the current violation, the operator was convicted of two or more previous violations of the offense of driving under the influence described in Section <xref depth="3" refnumber="41-6a-502">41-6a-502</xref>; or</subsection><subsection number="41-6a-401.3(4)(c)(iii)">the accident results in the death of an individual.</subsection></subsection></subsection><subsection number="41-6a-401.3(5)"><subsection number="41-6a-401.3(5)(a)">Except as provided in Subsection <xref depth="4" refnumber="41-6a-401.3(5)(b)">(5)(b)</xref>, but notwithstanding any other provision of this section, an enhancement under this section based on one or more prior convictions is not applicable if, no later than six hours after the accident occurred, the operator voluntarily reports the accident to a law enforcement agency having jurisdiction over the location where the accident occurred.</subsection><subsection number="41-6a-401.3(5)(b)">Subsection <xref depth="4" refnumber="41-6a-401.3(5)(a)">(5)(a)</xref> does not affect any enhancement or penalty based on the existence of bodily injury, serious bodily injury, or death.</subsection></subsection><subsection number="41-6a-401.3(6)">In addition to any other factor authorized by law, the fact that an operator self-reported the accident to a law enforcement agency, regardless of the time elapsed since the accident, is a mitigating factor for purposes of sentencing.</subsection><subsection number="41-6a-401.3(7)">When sentencing an operator convicted under Subsection <xref depth="4" refnumber="41-6a-401.3(4)">(4)</xref>, the court shall comply with Section <xref depth="3" refnumber="41-6a-401.8">41-6a-401.8</xref>.</subsection><subsection number="41-6a-401.3(8)">An operator is guilty of a separate offense for each victim who suffers injury or death because of the operator's violation of this section.</subsection></section>