1. (a) In this section, “vehicle” includes a motor vehicle, streetcar, locomotive, engine, and train.
2. (b) A person may not cause the death of another as the result of the person's driving, operating, or controlling a vehicle or vessel in a criminally negligent manner.

3. (c) For purposes of this section, a person acts in a criminally negligent manner with respect to a result or a circumstance when:

   1. (1) the person should be aware, but fails to perceive, that the person's conduct creates a substantial and unjustifiable risk that such a result will occur; and
   2. (2) the failure to perceive constitutes a gross deviation from the standard of care that would be exercised by a reasonable person.
4. (d) It is not a violation of this section for a person to cause the death of another as the result of the person's driving, operating, or controlling a vehicle or vessel in a negligent manner.
5. (e) A violation of this section is criminally negligent manslaughter by vehicle or vessel.

6. (f)

   1. (1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

   2. (2)

      1. (i) A person who violates this section, having previously been convicted under this section, § 2-209, § 2-503, § 2-504, § 2-505, § 2-506, or § 3-211 of this article, or § 21-902 of the Transportation Article, is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.
      2. (ii) For the purposes of application of subsequent offender penalties under subparagraph (i) of this paragraph, a conviction for a crime committed in another state or federal jurisdiction that, if committed in this State would constitute a violation of this section, § 2-209, § 2-503, § 2-504, § 2-505, § 2-506, or § 3-211 of this article, or § 21-902 of the Transportation Article, shall be considered a violation of this section.

Added by Acts 2011, c. 334, § 1, eff. Oct. 1, 2011. Amended by Acts 2016, c. 517, § 1, eff. Oct. 1, 2016; Acts 2016, c. 518, § 1, eff. Oct. 1, 2016.