§ 5502.1. Homicide by watercraft while operating under influence.
(a) Offense defined.--Any person who unintentionally causes the death of another person as the direct result
of a violation of section 5502 (relating to operating watercraft under influence of
alcohol or controlled substance) and who is convicted of violating section 5502 commits
a felony of the second degree when the violation is the cause of death and the sentencing
court shall order the person to serve a minimum term of imprisonment of not less than
three years. A consecutive three-year term of imprisonment shall be imposed for each
victim whose death is the result of a violation of section 5502.
(b) Applicability of sentencing guidelines.--The sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing
shall not supersede the mandatory penalty of this section.
(May 30, 1984, P.L.339, No.68, eff. 60 days; July 7, 2011, P.L.211, No.33, eff. 60
days)
2011 Amendment. Act 33 amended subsec. (a).
1984 Amendment. Act 68 added section 5502.1.
Cross References. Section 5502.1 is referred to in sections 928, 5506 of this title; sections 5750,
67A01 of Title 42 (Judiciary and Judicial Procedure).
Notes of Decisions
Cited in
6
cases (
2 in the last 5 years), 1994–2022 · leading case:
Commonwealth v. Barbaro, 94 A.3d 389 (Pa. Super. Ct. 2014).
Commonwealth v. Barbaro, 94 A.3d 389 (Pa. Super. Ct. 2014).
“30 Pa.C.S. § 5502.1 (relating to homicide by watercraft while operating under influence).”
Commonwealth v. Moyer, 648 A.2d 42 (Pa. Super. Ct. 1994).
· cites it 2× “30 Pa.C.S. § 5502.1 provides: Any person who unintentionally causes the death of another person as the direct result of a violation of section 5502 (relating to operating watercraft under influence of alcohol or controlled substance) and who is convicted of violating section…”
Com. v. Carson, C. (Pa. Super. Ct. 2017).
“_______________________ (Footnote Continued) 30 Pa.C.S. § 5502.1 (relating to homicide by watercraft while operating under influence).”
Com. v. Hall, B. (Pa. Super. Ct. 2018).
“30 Pa.C.S. § 5502.1 (relating to homicide by watercraft while operating under influence).”
Com. v. Genus, J. (Pa. Super. Ct. 2021).
“30 Pa.C.S. § 5502.1 (relating to homicide by watercraft while operating under influence).”
30 Pa. Cons. Stat. § 5502.1(a): 1 case
Commonwealth v. Moyer, 648 A.2d 42 (Pa. Super. Ct. 1994).
“30 Pa.C.S. § 5502.1 provides: Any person who unintentionally causes the death of another person as the direct result of a violation of section 5502 (relating to operating watercraft under influence of alcohol or controlled substance) and who is convicted of violating section…”
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