1. 1. A person commits the crime of involuntary manslaughter in the first degree if he:

   1. (1) Recklessly causes the death of another person; or
   2. (2) While in an intoxicated condition operates a motor vehicle in this state and, when so operating, acts with criminal negligence to cause the death of any person.
2. 2. Except as provided in subsections 3 and 4 of this section, involuntary manslaughter in the first degree is a class C felony.

3. 3. A person commits the crime of involuntary manslaughter in the first degree if he or she while in an intoxicated condition operates a motor vehicle in this state, and, when so operating, acts with criminal negligence to:

   1. (1) Cause the death of any person not a passenger in the vehicle operated by the defendant, including the death of an individual that results from the defendant's vehicle leaving a highway, as defined by section 301.010, RSMo, or the highway's right-of-way; or
   2. (2) Cause the death of two or more persons; or
   3. (3) Cause the death of any person while he or she has a blood alcohol content of at least eighteen-hundredths by weight of alcohol in such person's blood.
4. 4. Involuntary manslaughter in the first degree under subdivision (1), (2), or (3) of subsection 3 of this section is a class B felony. A second or subsequent violation of subdivision (3) of subsection 3 of this section is a class A felony. For any violation of subsection 3 of this section, the minimum prison term which the defendant must serve shall be eighty-five percent of his or her sentence.
5. 5. A person commits the crime of involuntary manslaughter in the second degree if he acts with criminal negligence to cause the death of any person.
6. 6. Involuntary manslaughter in the second degree is a class D felony.

(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A, A.L. 1986 H.B. 1596, A.L. 1999 S.B. 328, et al., A.L. 2005 H.B. 972 merged with S.B. 37, et al.)