(a) A person is guilty of misconduct with a motor vehicle when, with criminal negligence in the operation of a motor vehicle, he causes the death of another person.
(b) Misconduct with a motor vehicle is a class D felony.
(1969, P.A. 828, S. 58; P.A. 76-16; P.A. 82-403, S. 3.)
History: P.A. 76-16 defined “intoxication” for purposes of section; P.A. 82-403 amended Subsec. (a) by deleting the provision that a person is guilty of misconduct with a motor vehicle when he causes the death of another person “in consequence of his intoxication while operating a motor vehicle” and by deleting the definition of “intoxication”.
See Sec. 14-111g re motor vehicle operator's retraining program.
Cited. 174 C. 112; Id., 118; 176 C. 445; Id., 451; 188 C. 620; 202 C. 629; 207 C. 336; 216 C. 699; 222 C. 444; 229 C. 228.
Cited. 3 CA 137. Violation of Sec. 14-222a, negligent homicide with a motor vehicle, is a lesser included offense of misconduct with a motor vehicle. 9 CA 686. Not a lesser included offense of Sec. 53a-56b(a). 11 CA 473. Cited. 15 CA 392; 16 CA 497; 21 CA 138; 22 CA 108; 23 CA 720; 28 CA 283; 29 CA 825; 30 CA 428; 34 CA 655. Conviction upheld where defendant became aware that his ability to operate a motor vehicle was impaired, yet continued to operate the motor vehicle. 64 CA 631.
Cited. 35 CS 519; 36 CS 527.
Subsec. (a):
Cited. 20 CA 495. This Subsec. and Sec. 14-223(b) contain multiple elements that are dissimilar, and the clear language of the statutes themselves is sufficient for conclusion that they do not impose two punishments for the same act. 84 CA 351. The mental state elements in the two provisions - failing to perceive a substantial and unjustifiable risk that your manner of operation would cause death under Subsec. and an intent to cause serious physical injury under Sec. 53a-55(a)(1) - do not relate to the same result; the mental state element under Sec. 53a-55(a)(3) and under Subsec. is mutually exclusive and relate to the same result, thus guilty verdicts as to the crimes of reckless manslaughter and criminally negligent operation were legally inconsistent. 191 CA 33; judgment reverse in part, see 342 C. 538.
Notes of Decisions
Cited in
55
cases (
8 in the last 5 years), 1972–2026 · leading case:
State v. Browne, 854 A.2d 13 (Conn. App. Ct. 2004).
State v. Browne, 854 A.2d 13 (Conn. App. Ct. 2004).
· cites it 14× “See General Statutes §§ 53a-57, 14-222a.” State v.”
State v. Perkins, 856 A.2d 917 (Conn. 2004).
· cites it 9× “The defendant appeals 1 from the trial court’s judgment of conviction, rendered after a jury trial, of manslaughter in the second degree with a motor vehicle in violation of General Statutes § 53a-56b (a), 2 misconduct with a motor vehicle in violation of General Statutes §…”
State v. Coccomo, 31 A.3d 1012 (Conn. 2011).
· cites it 14× “The defendant subsequently was charged with numerous offenses and was convicted, after a jury trial, of three counts each of manslaughter in the second degree with a motor vehicle in violation of General Statutes § 53a-56b (a) and misconduct with a motor vehicle in violation of…”
State v. Kluttz, 521 A.2d 178 (Conn. App. Ct. 1987).
· cites it 18× “The principal issues of these appeals are (1) whether negligent homicide with a motor vehicle, as defined in General Statutes § 14-222a, 1 is a lesser included offense of misconduct with a motor vehicle, as defined in General Statutes § 53a-57, 2 and (2) *688 whether a defendant…”
McCoy v. Comm'r of Pub. Saf., 12 A.3d 948 (Conn. 2011).
· cites it 8× “In Kluttz , the Appellate Court considered the question of "whether negligent homicide with a motor vehicle, as defined in General Statutes § 14-222a, is a lesser included offense of misconduct with a motor vehicle, as defined in General Statutes § 53a-57...." Id., at 687, 521 A.”
State v. Ortiz, 618 A.2d 547 (Conn. App. Ct. 1993).
· cites it 19× “The defendant appeals from the judgment of conviction, rendered after a jury trial, of two counts of the crime of misconduct with a motor vehicle in violation of General Statutes § 53a-57. 1 On appeal, the defendant claims that the trial court improperly (1) denied his motion…”
State v. Bunkley, 522 A.2d 795 (Conn. 1987).
· cites it 6× “See General Statutes §§ 53a-57,14-222a. He does not dispute that the crimes of first and second degree manslaughter include death resulting from reckless conduct.”
State v. Carter, 781 A.2d 376 (Conn. App. Ct. 2001).
· cites it 9× “General Statutes § 53a-57 (a) provides: “A person is guilty of misconduct with a motor vehicle when, with criminal negligence in the operation of a motor vehicle, he causes the death of another person.”
State v. Coccomo, 972 A.2d 757 (Conn. App. Ct. 2009).
· cites it 8× “The defendant, Tricia Lynne Coccomo, appeals from the judgment of conviction, rendered after a jury trial, of three counts of manslaughter in the second degree with a motor vehicle in violation of General Statutes § 53a-56b (a), three counts of misconduct with a motor vehicle in…”
Bunkley v. Comm'r of Corr., 610 A.2d 598 (Conn. 1992).
· cites it 3× “At his trial in May, 1984, the petitioner conceded that he was guilty of failure to stop when signalled and of the lesser included offenses of misconduct with a motor vehicle in violation of General Statutes § 53a-57, or negligent homicide with a motor vehicle in violation of…”
State v. Daniels, 213 A.3d 517 (Conn. App. Ct. 2019).
· cites it 6× “The defendant, Patricia Daniels, appeals from the judgment of conviction, rendered by the trial court following a jury trial, of manslaughter in the first degree in violation of General Statutes § 53a-55 (a) (3) (reckless manslaughter) and misconduct with a motor vehicle in…”
State v. Luna, 208 Conn. App. 45 (Conn. App. Ct. 2021).
· cites it 6× “Luna, appeals from the judgment of conviction, rendered after a jury trial, of misconduct with a motor vehicle in violation of General Statutes § 53a-57 and assault in the third degree in violation of General Statutes § 53a-61 (a) (3) in connection with a motor vehicle accident…”
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