Va. Code » Title 18.2. Crimes and Offenses Generally » Chapter 4. Crimes Against the Person » Article 1. Homicide
Virginia Code

Va. Code Ann. § 18.2-36.2 (2026)

Involuntary manslaughter; operating a watercraft while under the influence; penalties

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A. Any person who, as a result of operating a watercraft or motorboat in violation of clause (ii), (iii), or (iv) of subsection B of § 29.1-738 or a similar local ordinance, unintentionally causes the death of another person, is guilty of involuntary manslaughter.

B. If, in addition, the conduct of the defendant was so gross, wanton, and culpable as to show a reckless disregard for human life, he shall be guilty of aggravated involuntary manslaughter, a felony punishable by a term of imprisonment of not less than one nor more than 20 years, one year of which shall be a mandatory minimum term of imprisonment.

C. The provisions of this section shall not preclude prosecution under any other homicide statute. The court shall order any person convicted under this section not to operate a watercraft or motorboat that is underway upon the waters of the Commonwealth. After five years have passed from the date of the conviction, the convicted person may petition the court that entered the conviction for the right to operate a watercraft or motorboat upon the waters of the Commonwealth. Upon consideration of such petition, the court may restore the right to operate a watercraft or motorboat subject to such terms and conditions as the court deems appropriate, including the successful completion of a water safety alcohol rehabilitation program described in § 29.1-738.5.

2005, c. 376.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2009–2023 · leading case: Ngomondjami v. Commonwealth, 678 S.E.2d 281 (Va. Ct. App. 2009).
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Ngomondjami v. Commonwealth, 678 S.E.2d 281 (Va. Ct. App. 2009). “a violation of any law of the Commonwealth pertaining to the operator or operation of a motor vehicle; (ii) a violation of any ordinance of any county, city, or town pertaining to the operator or operation of any motor vehicles, except parking regulations; (iii) any theft of a…”
John Randolph Hooper v. Commonwealth of Virginia, 891 S.E.2d 768 (Va. Ct. App. 2023). · cites it 12× “ANALYSIS On appeal, Hooper argues that “the evidence was insufficient as a matter of law to prove that Hooper was the operator of the boat at the time of the accident and so insufficient to prove that he was guilty of either involuntary manslaughter (Va.”
Commonwealth v. Freeman, 80 Va. Cir. 554 (Norfolk Cir. Ct. 2010). · cites it 3× “Defendant, who is alleged to have been the driver of the automobile, is now charged with two counts of involuntary manslaughter by driving while intoxicated, Va. Code § 18.2-36.2, and one count of maiming by driving while intoxicated, Va.”
Va. Code Ann. § 18.2-36.2(A): 1 case
John Randolph Hooper v. Commonwealth of Virginia, 891 S.E.2d 768 (Va. Ct. App. 2023). “ANALYSIS On appeal, Hooper argues that “the evidence was insufficient as a matter of law to prove that Hooper was the operator of the boat at the time of the accident and so insufficient to prove that he was guilty of either involuntary manslaughter (Va.”
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