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609.2114.1(a)(2)(ii)

Statute ID: 19159

Statute Function ID: 38760

Criminal Vehicular Operation - Death Unborn Child - Under Influence Control Substance

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Classifications

Offense Level:

Felony (F)

General Offense Code:

Person (1)

Offense Summary Code & Rank:

Crim Veh Operation - Death (JH) (Rank 2)

Detailed Offense Code:

Criminal Vehicular Injury - Great Bodily Harm, Unborn Child (163.02)

Offense Severity Level:

Function Text:

UCR Code

Description

90D

Driving Under the Influence

Flags

Crime of Violence:

Targeted Misdemeanor:

Predatory Offender Registration Review:

Enhanceable:

Certify to DPS:

Yes

Report to DNR:

DPS Group:

Yes

Conditional Release:

Payable:

Petty Misdemeanor Only if Prosecutor Certifies:

Third Violation Indicator:

Qualified Domestic Violence Related:

Nonviolent Controlled Substance Offender Review:

Wildlife Restitution:

Statute Number:

609.2114.1(a)(2)(ii)

Enactment Date:

May 24, 2023

Effective Date:

Aug 1, 2023

Expiration Date:

Repealed?:

Summary Text:

Criminal Vehicular Operation - Death Unborn Child - Under Influence Control Substance

Statute ID:

19159

Created:

Jul 11, 2023 by mnjis.legal.analyst@state.mn.us

Updated:

Jul 11, 2023 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Added

Legal Analyst Comment:

Amended 2023 C63 Art4 Sect43; Amendments to (a)(2) and (a)(6)

Summary Text:

Criminal Vehicular Operation - Death Unborn Child - Under Influence Control Substance

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/609/2114.html

Legislative Session:

2023 - Regular

Session Law Text?:

Statute text last updated on:

Jul 11, 2023

(a) Except as provided in paragraph (b), a person is guilty of criminal vehicular operation resulting in death to an unborn child and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both, if the person causes the death of an unborn child as a result of operating a motor vehicle:
(1) in a grossly negligent manner;

(2) in a negligent manner while under the influence of:

(i) alcohol;

(ii) a controlled substance;

(iii) cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived consumer product, artificially derived cannabinoids, or tetrahydrocannabinols; or

(iv) any combination of those elements;

(3) while having an alcohol concentration of 0.08 or more;

(4) while having an alcohol concentration of 0.08 or more, as measured within two hours of the time of driving;

(5) in a negligent manner while under the influence of an intoxicating substance and the person knows or has reason to know that the substance has the capacity to cause impairment;

(6) in a negligent manner while any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived consumer product, artificially derived cannabinoids, or tetrahydrocannabinols, is present in the person's body;

(7) where the driver who causes the accident leaves the scene of the accident in violation of section 169.09, subdivision 1 or 6; or

(8) where the driver had actual knowledge that a peace officer had previously issued a citation or warning that the motor vehicle was defectively maintained, the driver had actual knowledge that remedial action was not taken, the driver had reason to know that the defect created a present danger to others, and the injury was caused by the defective maintenance.

(b) If a person is sentenced under paragraph (a) for a violation under paragraph (a), clauses (2) to (6), occurring within ten years of a qualified prior driving offense, the statutory maximum sentence of imprisonment is 15 years.