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609.2114
Statute ID:
15140
Criminal Vehicular Operation; Unborn Child
In Effect
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Function Details
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Text
Details are only available for Penalty and Charging Statutes.
Statute Number:
609.2114
Enactment Date:
Apr 30, 2014
Effective Date:
Aug 1, 2014
Expiration Date:
Repealed?:
No
Summary Text:
Criminal Vehicular Operation; Unborn Child
Statute ID:
15140
Created:
Jun 30, 2014 by mnjis.legal.analyst@state.mn.us
Updated:
Jun 30, 2014 by mnjis.legal.analyst@state.mn.us
Last Update Action:
Added
Legal Analyst Comment:
2014 c 180 s 8; Headnote
Summary Text:
Criminal Vehicular Operation; Unborn Child
Link to MN Statute Text:
https://www.revisor.leg.state.mn.us/stats/609/2114.html
Legislative Session:
2014 - Regular
Session Law Text?:
No
Statute text last updated on:
Jun 30, 2014
Subdivision 1. (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. Subd. 2. A person is guilty of criminal vehicular operation resulting in injury to an unborn child and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if the person causes the great bodily harm to an unborn child subsequently born alive 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.
