(1) As used in this section: (a) "Criminally negligent" means criminal negligence as defined by Subsection 76-2-103(4). (b) "Handheld wireless communication device" has the same meaning as defined in Section 41-6a-1716. (c) "Motor vehicle" means any self-propelled vehicle and includes any automobile, truck, van, motorcycle, train, engine, watercraft, or aircraft. (d) "Negligent" means simple negligence, the failure to exercise that degree of care that reasonable and prudent persons exercise under like or similar circumstances.

(a) "Criminally negligent" means criminal negligence as defined by Subsection 76-2-103(4).

(b) "Handheld wireless communication device" has the same meaning as defined in Section 41-6a-1716.

(c) "Motor vehicle" means any self-propelled vehicle and includes any automobile, truck, van, motorcycle, train, engine, watercraft, or aircraft.

(d) "Negligent" means simple negligence, the failure to exercise that degree of care that reasonable and prudent persons exercise under like or similar circumstances.

(2) Criminal homicide is automobile homicide, a third degree felony, if the person operates a moving motor vehicle in a negligent manner: (a) while using a handheld wireless communication device in violation of Section 41-6a-1716; and (b) causing the death of another person.

(a) while using a handheld wireless communication device in violation of Section 41-6a-1716; and

(b) causing the death of another person.

(3) Criminal homicide is automobile homicide, a second degree felony, if the person operates a moving motor vehicle in a criminally negligent manner: (a) while using a handheld wireless communication device in violation of Section 41-6a-1716; and (b) causing the death of another person.

(a) while using a handheld wireless communication device in violation of Section 41-6a-1716; and

(b) causing the death of another person.