(b) A person who kills another human being while committing or attempting to commit:

1. (1) a Level 5 or Level 6 felony that inherently poses a risk of serious bodily injury;
2. (2) a Class A misdemeanor that inherently poses a risk of serious bodily injury; or

3. (3) battery;

   commits involuntary manslaughter, a Level 5 felony.

(c) Except as provided in section 6.5 of this chapter, a person who kills a fetus while committing or attempting to commit:

1. (1) a Level 5 or Level 6 felony that inherently poses a risk of serious bodily injury;
2. (2) a Class A misdemeanor that inherently poses a risk of serious bodily injury;
3. (3) a battery offense included in IC 35-42-2 ; or

4. (4) a violation of IC 9-30-5-1 through IC 9-30-5-5 (operating a vehicle while intoxicated);

   commits involuntary manslaughter, a Level 5 felony.

   As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.28; P.L.261-1997, SEC.5; P.L.133-2002, SEC.65; P.L.7-2010, SEC.1; P.L.158-2013, SEC.414; P.L.65-2016, SEC.31; P.L.203-2018, SEC.3.