§ 3732. Homicide by vehicle.
(a) Offense.--Any person who recklessly or with gross negligence causes the death of another person
while engaged in the violation of any law of this Commonwealth or municipal ordinance
applying to the operation or use of a vehicle or to the regulation of traffic except
section 3802 (relating to driving under influence of alcohol or controlled substance)
is guilty of homicide by vehicle, a felony of the third degree, when the violation
is the cause of death.
(b) Sentencing.--
(1) In addition to any other penalty provided by law, a person convicted of a violation
of subsection (a) may be sentenced to an additional term not to exceed five years'
confinement if at trial the prosecution proves beyond a reasonable doubt that the
offense occurred in an active work zone.
(1.1) In addition to any other penalty provided by law, a person convicted of a violation
of subsection (a) who is also convicted of a violation of section 1501 (relating to
drivers required to be licensed), 1543 (relating to driving while operating privilege
is suspended or revoked), 3316 (relating to prohibiting text-based communications),
3316.1 (relating to prohibiting use of interactive mobile device), 3325 (relating
to duty of driver on approach of emergency vehicle) or 3327 (relating to duty of driver
in emergency response areas and in relation to disabled vehicles) may be sentenced
to an additional term not to exceed five years' confinement.
(2) The prosecution must indicate intent to proceed under this section in the indictment
or information which commences the prosecution.
(3) The Pennsylvania Commission on Sentencing, pursuant to 42 Pa.C.S. § 2154 (relating
to adoption of guidelines for sentencing), shall provide for a sentencing enhancement
for an offense under this section when the violation occurred in an active work zone
or the individual was also convicted of a violation of section 1501, 1543, 3316, 3316.1,
3325 or 3327.
(Dec. 15, 1982, P.L.1268, No.289, eff. 30 days; Dec. 20, 2000, P.L.772, No.108, eff.
60 days; Dec. 23, 2002, P.L.1982, No.229, eff. 6 months; Sept. 30, 2003, P.L.120,
No.24, eff. Feb. 1, 2004; Oct. 19, 2010, P.L.557, No.81, eff. 60 days; Nov. 4, 2016,
P.L.1277, No.165, eff. 60 days; Oct. 24, 2018, P.L.925, No.153, eff. 60 days; Oct.
29, 2020, P.L.1057, No.105, eff. 180 days; June 5, 2024, P.L.366, No.18, eff. 12 months)
2024 Amendment. Act 18 amended subsec. (b)(1.1) and (3). The preamble of Act 18 provided that Act 18 may be referred to as Paul Miller's Law.
2020 Amendment. Section 2 of Act 105 provided that Act 105 may be referred to as the Move Over Law.
2018 Amendment. Act 153 amended subsec. (b).
2010 Amendment. The preamble of Act 81 provided that Act 81 may be referred to as the Sgt. Michael
C. Weigand Law.
2003 Amendment. Act 24 amended subsec. (a).
Cross References. Section 3732 is referred to in sections 1532, 1541, 1553, 1554, 1556, 1611, 8510.1
of this title; section 3103 of Title 23 (Domestic Relations); sections 5551, 5750,
67A01 of Title 42 (Judiciary and Judicial Procedure).
Notes of Decisions
Cited in
173
cases (
32 in the last 5 years), 1978–2026 · leading case:
Commonwealth v. Samuels, 778 A.2d 638 (Pa. 2001).
Commonwealth v. Samuels, 778 A.2d 638 (Pa. 2001).
· cites it 37× “In Heck , this court addressed a related issue where the offense was homicide by vehicle (not DUI related), 75 Pa.C.S. § 3732. Explicitly, that statute, like the one at issue here, requires only that the death be caused unintentionally.”
Commonwealth v. Matroni, 923 A.2d 444 (Pa. Super. Ct. 2007).
· cites it 4× “Story and specifically with homicide by vehicle, 75 Pa.C.S. § 3732(a), which states: Any person who recklessly or with gross negligence causes the death of another person while engaged in the violation of any law of this Commonwealth or municipal ordinance applying to the…”
Commonwealth v. Koch, 443 A.2d 1157 (Pa. Super. Ct. 1982).
· cites it 10× “The cameraman was fatally injured and the driver of the tractor-trailer was held on the charges of homicide by vehicle, 75 Pa.C.S. § 3732, and driving on the sidewalk, 75 Pa.”
Commonwealth v. Comer, 716 A.2d 593 (Pa. 1998).
· cites it 4× “75 Pa.C.S. § 3732. The elements of involuntary manslaughter include: (1) the commission of an act in a reckless or grossly negligent manner, (2) which causes the death of another person.”
Commonwealth v. Sitler, 144 A.3d 156 (Pa. Super. Ct. 2016).
· cites it 2× “" 75 Pa.C.S. § 3732(a). Recklessness, an essential element of homicide by vehicle, is defined as follows: A person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element…”
Drabic v. Com., Dept. of Transp., 906 A.2d 1153 (Pa. 2006).
· cites it 5× “1 (aggravated assault by vehicle while driving under the influence) 1 year 75 Pa.C.S. § 3732 (homicide by vehicle) 3 years 75 Pa.”
Commonwealth v. Heck, 535 A.2d 575 (Pa. 1987).
· cites it 4× “2d 457 (1980), the Commonwealth appealed from the trial court's order granting the appellee's demurrer to the charge of vehicular homicide under 75 Pa.C.S. § 3732. [3] The Superior Court addressed the issues of what the material elements of a § 3732 offense are and the degree of…”
Commonwealth v. Field, 417 A.2d 160 (Pa. 1980).
· cites it 4× “We are again presented with a challenge to the constitutionality of section 3732 of the Vehicle Code, 75 Pa.C.S. § 3732. Section 3732 defines "homicide by vehicle" as follows: "Any person who unintentionally causes the death of another person while engaged in the violation of…”
Commonwealth v. Collins, 764 A.2d 1056 (Pa. 2001).
· cites it 2× “75 Pa.C.S. § 3732 (emphasis added). Section 3735(a) of the Vehicle Code defines homicide by vehicle/DUI as follows: Any person who unintentionally causes the death of another person as the result of a violation of section 3731 (relating to driving under influence of alcohol or…”
Commonwealth v. Barone, 419 A.2d 457 (Pa. Super. Ct. 1980).
· cites it 4× “CERCONE, President Judge: The Commonwealth brings the instant appeal from the trial court’s order granting of appellee’s demurrer to the charge of homicide by vehicle, Motor Vehicle Code, 75 Pa.C.S. § 3732 (1977). 1 Ms. Barone filed a cross-appeal challenging an earlier order of…”
Commonwealth v. States, 938 A.2d 1016 (Pa. 2007).
· cites it 2× “1 [3] 75 Pa.C.S. § 3732. [4] 75 Pa.C.S. § 3735.”
Commonwealth v. Packer, 168 A.3d 161 (Pa. 2017).
“§§ 2502(c), 2702(a)(1), (4); 75 Pa.C.S. §§ 3732(a), 3735(a), 3735.1(a).”
— 75 Pa. Cons. Stat. § 3732(A) — 1 case
— 75 Pa. Cons. Stat. § 3732(a) — 60 cases
Commonwealth v. Matroni, 923 A.2d 444 (Pa. Super. Ct. 2007).
“Story and specifically with homicide by vehicle, 75 Pa.C.S. § 3732(a), which states: Any person who recklessly or with gross negligence causes the death of another person while engaged in the violation of any law of this Commonwealth or municipal ordinance applying to the…”
Commonwealth v. Sitler, 144 A.3d 156 (Pa. Super. Ct. 2016).
“" 75 Pa.C.S. § 3732(a). Recklessness, an essential element of homicide by vehicle, is defined as follows: A person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element…”
Commonwealth v. Packer, 168 A.3d 161 (Pa. 2017).
“§§ 2502(c), 2702(a)(1), (4); 75 Pa.C.S. §§ 3732(a), 3735(a), 3735.1(a).”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.