California Codes

Cal. Penal Code § 192.5 (2026)

✓ current as of May 2026

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Vehicular manslaughter pursuant to subdivision (b) of Section 191.5 and subdivision (c) of Section 192 is the unlawful killing of a human being without malice aforethought, and includes:

(a)Operating a vessel in violation of subdivision (b), (c), (d), (e), or (f) of Section 655 of the Harbors and Navigation Code, and in the commission of an unlawful act, not amounting to felony, and with gross negligence; or operating a vessel in violation of subdivision (b), (c), (d), (e), or (f) of Section 655 of the Harbors and Navigation Code, and in the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence.

(b)Operating a vessel in violation of subdivision (b), (c), (d), (e), or (f) of Section 655 of the Harbors and Navigation Code, and in the commission of an unlawful act, not amounting to felony, but without gross negligence; or operating a vessel in violation of subdivision (b), (c), (d), (e), or (f) of Section 655 of the Harbors and Navigation Code, and in the commission of a lawful act that might produce death, in an unlawful manner, but without gross negligence.

(c)Operating a vessel in the commission of an unlawful act, not amounting to a felony, and with gross negligence; or operating a vessel in the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence.

(d)Operating a vessel in the commission of an unlawful act, not amounting to a felony, but without gross negligence; or operating a vessel in the commission of a lawful act that might produce death, in an unlawful manner, but without gross negligence.

(e)A person who flees the scene of the crime after committing a violation of subdivision (a), (b), or (c), upon conviction, in addition and consecutive to the punishment prescribed, shall be punished by an additional term of imprisonment of five years in the state prison. This additional term shall not be imposed unless the allegation is charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact. The court shall not strike a finding that brings a person within the provisions of this subdivision or an allegation made pursuant to this subdivision.

Notes of Decisions

Cited in 4 cases, 1987–2020 · leading case: People v. Sanchez, 16 P.3d 118 (Cal. 2001).

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People v. Sanchez, 16 P.3d 118 (Cal. 2001). · cites it 2× “, Pen.Code, § 192.5, subd. (c).) It may involve the commission of "an unlawful act, not amounting to felony, and with gross negligence" ( id.”

People v. Armitage, 194 Cal. App. 3d 405 (Cal. Ct. App. 1987). · cites it 2× “” No claim is made in this case that defendant was violating this section at the time of the accident. 5 In 1986, after the commission of the offense in this case, the Legislature included the operation of a vessel in the definition of the crime of vehicular manslaughter.”

People v. Dawson, 172 Cal. App. 4th 1073 (Cal. Ct. App. 2009). · cites it 2× “BACKGROUND By complaint filed May 24, 2007, defendant was charged with five offenses: (1) vessel manslaughter while intoxicated (Pen. Code, § 192.5, subd. (b); a felony); (2) unlawful operation of a vessel while intoxicated resulting in bodily injury (Harb.”

In Re S.S. ca2/6 (Cal. Ct. App. 2020). “Code, § 602; Pen. Code, § 192.5, subd. (d).) He was placed on probation and ordered to pay restitution to the parents of the victims.”

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