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Index	Utah Code
Title 76	Utah Criminal Code
Chapter 5	Offenses Against the Individual
Part 2	Criminal Homicide
Section 207.5	Automobile homicide involving a handheld wireless communication device while driving. *(Effective 5/3/2023)*

Effective 5/3/2023
76-5-207.5. Automobile homicide involving a handheld wireless communication device while driving.

(1)

(a)

As used in this section:

(i)	"Criminally negligent" means the same as that term is described in Subsection 76-2-103(4).

(ii)	"Motor vehicle" means any self-propelled vehicle, including an automobile, truck, van, motorcycle, train, engine, watercraft, or aircraft.

(iii)

"Negligent" means the failure to exercise the degree of care that a reasonable and prudent person exercises under similar circumstances.

(iv)	"Wireless communication device" means the same as that term is defined in Section 41-6a-1716.

(b)	Terms defined in Section 76-1-101.5 apply to this section.

(2)

An actor commits automobile homicide if the actor:

(a)	operates a moving motor vehicle in a negligent manner;

(b)	while using a wireless communication device in violation of Section 41-6a-1716; and

(c)	causes the death of another individual.

(3)

(a)	Except as provided in Subsection (3)(b), a violation of Subsection (2) is a third degree felony.

(b)	A violation of Subsection (2) is a second degree felony if the actor operated the moving motor vehicle in a criminally negligent manner.

Amended by Chapter 111, 2023 General Session

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