(a) Repealed by Session Laws 1983, c. 435, s. 27.
(a1) Felony Death by Vehicle. - A person commits the offense of felony death by vehicle if:
(1) The person unintentionally causes the death of another person,
(2) The person was engaged in the offense of impaired driving under G.S. 20-138.1 or G.S. 20-138.2, and
(3) The commission of the offense in subdivision (2) of this subsection is the proximate cause of the death.
(a2) Misdemeanor Death by Vehicle. - A person commits the offense of misdemeanor death by vehicle if:
(1) The person unintentionally causes the death of another person,
(2) The person was engaged in the violation of any State law or local ordinance applying to the operation or use of a vehicle or to the regulation of traffic, other than impaired driving under G.S. 20-138.1, and
(3) The commission of the offense in subdivision (2) of this subsection is the proximate cause of the death.
(a3) Felony Serious Injury by Vehicle. - A person commits the offense of felony serious injury by vehicle if:
(1) The person unintentionally causes serious injury to another person,
(2) The person was engaged in the offense of impaired driving under G.S. 20-138.1 or G.S. 20-138.2, and
(3) The commission of the offense in subdivision (2) of this subsection is the proximate cause of the serious injury.
(a4) Aggravated Felony Serious Injury by Vehicle. - A person commits the offense of aggravated felony serious injury by vehicle if:
(1) The person unintentionally causes serious injury to another person,
(2) The person was engaged in the offense of impaired driving under G.S. 20-138.1 or G.S. 20-138.2,
(3) The commission of the offense in subdivision (2) of this subsection is the proximate cause of the serious injury, and
(4) The person has a previous conviction involving impaired driving, as defined in G.S. 20-4.01(24a), within seven years of the date of the offense.
(a5) Aggravated Felony Death by Vehicle. - A person commits the offense of aggravated felony death by vehicle if:
(1) The person unintentionally causes the death of another person,
(2) The person was engaged in the offense of impaired driving under G.S. 20-138.1 or G.S. 20-138.2,
(3) The commission of the offense in subdivision (2) of this subsection is the proximate cause of the death, and
(4) The person has a previous conviction involving impaired driving, as defined in G.S. 20-4.01(24a), within seven years of the date of the offense.
(a6) Repeat Felony Death by Vehicle Offender. - A person commits the offense of repeat felony death by vehicle if:
(1) The person commits an offense under subsection (a1) or subsection (a5) of this section; and
(2) The person has a previous conviction under:
a. Subsection (a1) of this section;
b. Subsection (a5) of this section; or
c. G.S. 14-17 or G.S. 14-18, and the basis of the conviction was the unintentional death of another person while engaged in the offense of impaired driving under G.S. 20-138.1 or G.S. 20-138.2.
The pleading and proof of previous convictions shall be in accordance with the provisions of G.S. 15A-928.
(b) Punishments. - Unless the conduct is covered under some other provision of law providing greater punishment, the following classifications apply to the offenses set forth in this section:
(1) Repeat felony death by vehicle is a Class B2 felony.
(1a) Aggravated felony death by vehicle is a Class D felony. Notwithstanding the provisions of G.S. 15A-1340.17, the court shall sentence the defendant in the aggravated range of the appropriate Prior Record Level.
(2) Felony death by vehicle is a Class D felony. Notwithstanding the provisions of G.S. 15A-1340.17, intermediate punishment is authorized for a defendant who is a Prior Record Level I offender.
(3) Aggravated felony serious injury by vehicle is a Class E felony.
(4) Felony serious injury by vehicle is a Class F felony.
(5) Misdemeanor death by vehicle is a Class A1 misdemeanor.
(c) No Double Prosecutions. - No person who has been placed in jeopardy upon a charge of death by vehicle may be prosecuted for the offense of manslaughter arising out of the same death; and no person who has been placed in jeopardy upon a charge of manslaughter may be prosecuted for death by vehicle arising out of the same death. (1973, c. 1330, s. 9; 1983, c. 435, s. 27; 1993, c. 285, s. 10; c. 539, ss. 371, 1259; 1994, Ex. Sess., c. 24, s. 14(c); 2006-253, s. 14; 2007-493, s. 15; 2009-528, s. 1; 2012-165, s. 2, 3.)
Notes of Decisions
Cited in
73
cases (
18 in the last 5 years), 1976–2026 · leading case:
State v. Davis, 698 S.E.2d 65 (N.C. 2010).
State v. Davis, 698 S.E.2d 65 (N.C. 2010).
· cites it 40× “This Court dismissed defendant’s notice of appeal, but allowed his petition for discretionary review to consider whether section 20-141.4 authorizes defendant’s sentences for felony death by vehicle and felony serious injury by vehicle.”
State v. Mumford, 699 S.E.2d 911 (N.C. 2010).
· cites it 15× “” N.C.G.S. § 20-141.4(a3) (2009). In this case we first consider whether a not guilty verdict under N.”
State v. Davis, 680 S.E.2d 239 (N.C. Ct. App. 2009).
· cites it 30× “See N.C. Gen. Stat. § 20-141.4 (a1) (2007). “The elements of felony death by *447 vehicle are: (1) defendant unintentionally causes the death of another; (2) while driving impaired as defined by N.”
In re E.D., 827 S.E.2d 450 (N.C. 2019).
· cites it 6× “2d at 68 (concluding that the trial court "is not authorized to impose punishment for the offenses enumerated in subsection (b) [of N.C.G.S. § 20-141.4 (2009) ]"); Hucks , 323 N.”
State v. Jones, 538 S.E.2d 917 (N.C. 2000).
· cites it 6× “In contemplating situations similar to the case sub judice, the legislature passed N.C.G.S. § 20-141.4, titled “Felony and misdemeanor death by vehicle.”
State v. Jones, 516 S.E.2d 405 (N.C. Ct. App. 1999).
· cites it 24× “§ 14-17; N.C. Gen.Stat. § 20-141.4; State v. Rich, ___ N.”
State v. Blackmon, 702 S.E.2d 833 (N.C. Ct. App. 2010).
· cites it 7× “]” N.C. Gen. Stat. § 20-141.4 (a3)(2) (2007).”
State v. Smith, 368 S.E.2d 33 (N.C. Ct. App. 1988).
· cites it 9× “Defendant contends that G.S. 20-141.4(a2) is invalid under both the North Carolina and United States Constitutions because it imposes criminal liability without requiring a finding of criminal intent.”
State v. Goodman, 560 S.E.2d 196 (N.C. Ct. App. 2002).
· cites it 4× “The trial court did not err in submitting the charge of second degree murder to the jury. II. Defendant next argues he is entitled to a new trial because the trial court erred in failing to submit to the jury a possible verdict of misdemeanor death by motor vehicle, N.”
State v. Freeman, 228 S.E.2d 516 (N.C. Ct. App. 1976).
· cites it 6× “He argues that by instructing the jury on death by vehicle as a lesser included offense of manslaughter, the court violated the provisions of G.S. 20-141.4 (c), which state that “. . .”
State v. Lopez, 681 S.E.2d 271 (N.C. 2009).
· cites it 6× “§ 14-17, felony death by vehicle pursuant to N.C.G.S. § 20-141.4, and felony hit and run pursuant to N.”
State v. Bailey, 646 S.E.2d 837 (N.C. Ct. App. 2007).
· cites it 4× “See N.C. Gen. Stat. § 20-141.4 (al) (2005). He argues that the trial court committed reversible error by denying his request for a jury instruction on contributory negligence.”
— N.C. Gen. Stat. § 20-141.4(a) — 2 cases
— N.C. Gen. Stat. § 20-141.4(a)(2) — 3 cases
— N.C. Gen. Stat. § 20-141.4(a1) — 6 cases
State v. Davis, 680 S.E.2d 239 (N.C. Ct. App. 2009).
“See N.C. Gen. Stat. § 20-141.4 (a1) (2007). “The elements of felony death by *447 vehicle are: (1) defendant unintentionally causes the death of another; (2) while driving impaired as defined by N.”
State v. Jones, 516 S.E.2d 405 (N.C. Ct. App. 1999).
“§ 14-17; N.C. Gen.Stat. § 20-141.4; State v. Rich, ___ N.”
— N.C. Gen. Stat. § 20-141.4(a1)(2) — 1 case
— N.C. Gen. Stat. § 20-141.4(a2) — 11 cases
State v. Smith, 368 S.E.2d 33 (N.C. Ct. App. 1988).
“Defendant contends that G.S. 20-141.4(a2) is invalid under both the North Carolina and United States Constitutions because it imposes criminal liability without requiring a finding of criminal intent.”
State v. Goodman, 560 S.E.2d 196 (N.C. Ct. App. 2002).
“The trial court did not err in submitting the charge of second degree murder to the jury. II. Defendant next argues he is entitled to a new trial because the trial court erred in failing to submit to the jury a possible verdict of misdemeanor death by motor vehicle, N.”
— N.C. Gen. Stat. § 20-141.4(a2)(b) — 1 case
— N.C. Gen. Stat. § 20-141.4(a3) — 2 cases
State v. Mumford, 699 S.E.2d 911 (N.C. 2010).
“” N.C.G.S. § 20-141.4(a3) (2009). In this case we first consider whether a not guilty verdict under N.”
State v. Blackmon, 702 S.E.2d 833 (N.C. Ct. App. 2010).
“]” N.C. Gen. Stat. § 20-141.4 (a3)(2) (2007).”
— N.C. Gen. Stat. § 20-141.4(al) — 4 cases
State v. Davis, 698 S.E.2d 65 (N.C. 2010).
“This Court dismissed defendant’s notice of appeal, but allowed his petition for discretionary review to consider whether section 20-141.4 authorizes defendant’s sentences for felony death by vehicle and felony serious injury by vehicle.”
State v. Jones, 516 S.E.2d 405 (N.C. Ct. App. 1999).
“§ 14-17; N.C. Gen.Stat. § 20-141.4; State v. Rich, ___ N.”
— N.C. Gen. Stat. § 20-141.4(b) — 7 cases
State v. Davis, 698 S.E.2d 65 (N.C. 2010).
“This Court dismissed defendant’s notice of appeal, but allowed his petition for discretionary review to consider whether section 20-141.4 authorizes defendant’s sentences for felony death by vehicle and felony serious injury by vehicle.”
In re E.D., 827 S.E.2d 450 (N.C. 2019).
“2d at 68 (concluding that the trial court "is not authorized to impose punishment for the offenses enumerated in subsection (b) [of N.C.G.S. § 20-141.4 (2009) ]"); Hucks , 323 N.”
— N.C. Gen. Stat. § 20-141.4(c) — 3 cases
State v. Davis, 698 S.E.2d 65 (N.C. 2010).
“This Court dismissed defendant’s notice of appeal, but allowed his petition for discretionary review to consider whether section 20-141.4 authorizes defendant’s sentences for felony death by vehicle and felony serious injury by vehicle.”
State v. Davis, 680 S.E.2d 239 (N.C. Ct. App. 2009).
“See N.C. Gen. Stat. § 20-141.4 (a1) (2007). “The elements of felony death by *447 vehicle are: (1) defendant unintentionally causes the death of another; (2) while driving impaired as defined by N.”
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