28-675. Causing death by use of a vehicle; violation; classification

A. A person is guilty of causing death by use of a vehicle if all of the following apply:

1. The person is not allowed to operate a motor vehicle pursuant to subsection B of this section.

2. While operating a motor vehicle, the person causes the death of another person.

3. The person commits a violation of any of the following:

(a) Section 28-645, subsection A, paragraph 3, subdivision (a).

(b) Section 28-729.

(c) Section 28-771.

(d) Section 28-772.

(e) Section 28-773.

(f) Section 28-792.

(g) Section 28-794.

(h) Section 28-797, subsection F, G, H or I.

(i) Section 28-855, subsection B.

(j) Section 28-857, subsection A.

B. For the purposes of this section, a person shall not operate a motor vehicle if any of the following applies:

1. The person's driving privilege is revoked for any reason.

2. The person's driving privilege is suspended for any reason pursuant to chapter 4, article 3 of this title.

3. The person's driving privilege is suspended pursuant to section 28-1321.

4. The person's driving privilege is suspended pursuant to the department's action based on a previous conviction for a violation of section 28-3473.

5. The person's driving privilege is suspended pursuant to section 28-3306, subsection A.

6. The person's driving privilege is suspended pursuant to section 28-3308 and the person has had one or more previous suspensions pursuant to that section.

7. The person does one of the following to obtain a driver license:

(a) Knowingly uses a false or fictitious name.

(b) Knowingly makes a false statement.

(c) Knowingly conceals a material fact.

(d) Commits fraud.

(e) Violates section 28-3479.

8. The person does not have a valid driver license and a proper endorsement, if required, as prescribed by chapter 8 of this title and the person is not exempt pursuant to chapter 8 of this title.

9. The person's driving privilege is suspended pursuant to section 28-4141 for failure to provide proof of financial responsibility required by section 28-3319 for a violation of chapter 4, article 3 of this title.

C. The sentence imposed on a person for a conviction under this section shall run consecutively to any sentence imposed on the person for other convictions on any other charge related to the accident.

D. Restitution shall be awarded pursuant to section 13-603 as a result of a violation of this section.

E. The department shall revoke the license or permit to drive and any nonresident operating privilege of a person who is convicted of a violation of this section for one year, not including any time that the person is incarcerated.

F. Causing death by use of a vehicle is a class 4 felony except that causing death by use of a vehicle is a class 3 felony if it results from a violation of subsection B, paragraph 2 or 9 of this section.