1999 Minnesota Statutes

     609.21 Criminal vehicular homicide and injury. 

    Subdivision 1.    Criminal vehicular homicide.  A person 
 is guilty of criminal vehicular homicide resulting in death 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 a human being not constituting murder 
 or manslaughter 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; or 

    (iii) any combination of those elements; 

    (3) while having an alcohol concentration of 0.10 or more; 

    (4) while having an alcohol concentration of 0.10 or more, 
 as measured within two hours of the time of driving; 

    (5) in a negligent manner while knowingly under the 
 influence of a hazardous substance; 

    (6) in a negligent manner while any amount of a controlled 
 substance listed in schedule I or II, other than marijuana or 
 tetrahydrocannabinols, is present in the person's body; or 

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

    Subd. 2.    Resulting in great bodily harm.  A person is 
 guilty of criminal vehicular operation resulting in great bodily 
 harm 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 great bodily harm to another, not 
 constituting attempted murder or assault, 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; or 

    (iii) any combination of those elements; 

    (3) while having an alcohol concentration of 0.10 or more; 

    (4) while having an alcohol concentration of 0.10 or more, 
 as measured within two hours of the time of driving; 

    (5) in a negligent manner while knowingly under the 
 influence of a hazardous substance; 

    (6) in a negligent manner while any amount of a controlled 
 substance listed in schedule I or II, other than marijuana or 
 tetrahydrocannabinols, is present in the person's body; or 

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

    Subd. 2a.    Resulting in substantial bodily harm.  A 
 person is guilty of criminal vehicular operation resulting in 
 substantial bodily harm and may be sentenced to imprisonment of 
 not more than three years or to payment of a fine of not more 
 than $10,000, or both, if the person causes substantial bodily 
 harm to another, 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; or 

    (iii) any combination of those elements; 

    (3) while having an alcohol concentration of 0.10 or more; 

    (4) while having an alcohol concentration of 0.10 or more, 
 as measured within two hours of the time of driving; 

    (5) in a negligent manner while knowingly under the 
 influence of a hazardous substance; 

    (6) in a negligent manner while any amount of a controlled 
 substance listed in schedule I or II, other than marijuana or 
 tetrahydrocannabinols, is present in the person's body; or 

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

    Subd. 2b.    Resulting in bodily harm.  A person is 
 guilty of criminal vehicular operation resulting in bodily harm 
 and may be sentenced to imprisonment for not more than one year 
 or to payment of a fine of not more than $3,000, or both, if the 
 person causes bodily harm to another, 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; or 

    (iii) any combination of those elements; 

    (3) while having an alcohol concentration of 0.10 or more; 

    (4) while having an alcohol concentration of 0.10 or more, 
 as measured within two hours of the time of driving; 

    (5) in a negligent manner while knowingly under the 
 influence of a hazardous substance; 

    (6) in a negligent manner while any amount of a controlled 
 substance listed in schedule I or II, other than marijuana or 
 tetrahydrocannabinols, is present in the person's body; or 

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

    Subd. 3.    Resulting in death to an unborn child.  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; or 

    (iii) any combination of those elements; 

    (3) while having an alcohol concentration of 0.10 or more; 

    (4) while having an alcohol concentration of 0.10 or more, 
 as measured within two hours of the time of driving; 

    (5) in a negligent manner while knowingly under the 
 influence of a hazardous substance; 

    (6) in a negligent manner while any amount of a controlled 
 substance listed in schedule I or II, other than marijuana or 
 tetrahydrocannabinols, is present in the person's body; or 

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

    A prosecution for or conviction of a crime under this 
 subdivision is not a bar to conviction of or punishment for any 
 other crime committed by the defendant as part of the same 
 conduct. 

    Subd. 4.    Resulting in injury to unborn child.  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 great bodily harm to 
 an unborn child who is 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; or 

    (iii) any combination of those elements; 

    (3) while having an alcohol concentration of 0.10 or more; 

    (4) while having an alcohol concentration of 0.10 or more, 
 as measured within two hours of the time of driving; 

    (5) in a negligent manner while knowingly under the 
 influence of a hazardous substance; 

    (6) in a negligent manner while any amount of a controlled 
 substance listed in schedule I or II, other than marijuana or 
 tetrahydrocannabinols, is present in the person's body; or 

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

    A prosecution for or conviction of a crime under this 
 subdivision is not a bar to conviction of or punishment for any 
 other crime committed by the defendant as part of the same 
 conduct. 

    Subd. 4a.    Affirmative defense.  It shall be an 
 affirmative defense to a charge under subdivision 1, clause (6); 
 2, clause (6); 2a, clause (6); 2b, clause (6); 3, clause (6); or 
 4, clause (6), that the defendant used the controlled substance 
 according to the terms of a prescription issued for the 
 defendant in accordance with sections 152.11 and 152.12. 

    Subd. 5.    Definitions.  For purposes of this section, 
 the terms defined in this subdivision have the meanings given 
 them. 

    (a) "Motor vehicle" has the meaning given in section 
 609.52, subdivision 1. 

    (b) "Controlled substance" has the meaning given in section 
 152.01, subdivision 4. 

    (c) "Hazardous substance" means any chemical or chemical 
 compound that is listed as a hazardous substance in rules 
 adopted under chapter 182. 

    HIST: 1963 c 753 art 1 s 609.21; 1983 c 12 s 1; 1984 c 622 s 
 24,25; 1984 c 628 art 3 s 4,11; 1986 c 388 s 3,4; 1989 c 290 art 
 6 s 6,7; art 10 s 7; 1990 c 602 art 4 s 1; 1996 c 408 art 3 s 
 14-18; 1996 c 442 s 33