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 Indiana, vehicular manslaughter is referred to as 'vehicular homicide' and is covered under Indiana Code 9-30-5, specifically addressing when a death is caused by operating a vehicle while intoxicated. This offense is typically classified as a Level 5 felony, which can result in a prison sentence ranging from one to six years and a fine of up to $10,000. If the driver has a prior conviction for operating while intoxicated within the last five years, the offense is elevated to a Level 4 felony, with a potential sentence of two to twelve years in prison. Additionally, Indiana law recognizes 'reckless homicide' under Indiana Code 35-42-1-5, which occurs when someone recklessly kills another person, including by the operation of a vehicle. This is generally a Level 5 felony. The specific circumstances of the incident, such as the level of intoxication, whether the driver was engaged in street racing, or if they were committing other infractions, can influence the severity of the charges and the penalties imposed.