Vehicular manslaughter is a criminal offense defined as the unintentional killing (homicide) of another person as a result of criminal negligence or recklessness while operating a motor vehicle—often while the operator is intoxicated by alcohol or drugs, engaged in a high risk activity such as street racing, or committing a misdemeanor or infraction offense (speeding) with ordinary negligence.
Vehicular manslaughter is usually a felony offense and often includes significant jail or prison time as potential punishment. Vehicular manslaughter laws vary from state to state and are generally located in a state’s statutes—often in the penal or criminal code.
In Illinois, vehicular manslaughter is referred to as 'reckless homicide' and is covered under 720 ILCS 5/9-3 of the Illinois Compiled Statutes. This law states that a person commits reckless homicide if they unintentionally kill an individual while driving a vehicle in a reckless manner that is likely to cause death or great bodily harm. This includes instances where the driver is under the influence of alcohol or drugs. Reckless homicide is typically charged as a Class 3 felony, which can result in a prison sentence of 2 to 5 years. However, if aggravating factors are present, such as the death of multiple individuals or the death of a child when a school speed zone is disregarded, the offense can be elevated to a Class 2 felony with a potential sentence of 3 to 14 years. Additionally, if the incident occurred in a construction or maintenance zone, the offense is a Class 2 felony with even harsher penalties. It's important to note that Illinois law also includes specific provisions for aggravated DUI offenses that result in death, which can lead to significant prison time and are treated separately from reckless homicide.