§ 75A-10.3.  Death or serious injury by impaired boating; repeat offenses.

(a)        Death by Impaired Boating. - A person commits the offense of death by impaired boating if all of the following apply:

(1)        The person unintentionally causes the death of another person.

(2)        The person was engaged in the offense of impaired boating under G.S. 75A-10(b1).

(3)        The commission of the offense in subdivision (2) of this subsection is the proximate cause of the death.

(b)        Serious Injury by Impaired Boating. - A person commits the offense of serious injury by impaired boating if all of the following apply:

(1)        The person unintentionally causes serious injury to another person.

(2)        The person was engaged in the offense of impaired boating under G.S. 75A-10(b1).

(3)        The commission of the offense in subdivision (2) of this subsection is the proximate cause of the serious injury.

(c)        Aggravated Serious Injury by Impaired Boating. - A person commits the offense of aggravated serious injury by impaired boating if all of the following apply:

(1)        The person unintentionally causes serious injury to another person.

(2)        The person was engaged in the offense of impaired boating under G.S. 75A-10(b1).

(3)        The commission of the offense in subdivision (2) of this subsection is the proximate cause of the serious injury.

(4)        The person has a previous conviction of impaired boating under G.S. 75A-10(b1) within seven years of the date of the offense.

(d)       Aggravated Death by Impaired Boating. - A person commits the offense of aggravated death by impaired boating if all of the following apply:

(1)        The person unintentionally causes the death of another person.

(2)        The person was engaged in the offense of impaired boating under G.S. 75A-10(b1).

(3)        The commission of the offense in subdivision (2) of this subsection is the proximate cause of the death.

(4)        The person has a previous conviction of impaired boating under G.S. 75A-10(b1) within seven years of the date of the offense.

(e)        Repeat Death by Impaired Boating. - A person commits the offense of repeat death by impaired boating if all of the following apply:

(1)        The person commits an offense under subsection (a) or subsection (d) of this section.

(2)        The person has a previous conviction under at least one of the following:

a.         Subsection (a) of this section.

b.         Subsection (d) of this section.

c.         G.S. 14-17 or G.S. 14-18, and the basis of the conviction was the unintentional death of another person while engaged in the offense of impaired boating under G.S. 75A-10(b1).

The pleading and proof of previous convictions shall be in accordance with the provisions of G.S. 15A-928.

(f)        Punishments. - Unless the conduct is covered under some other provision of law providing greater punishment, the following classifications apply to the offenses set forth in this section:

(1)        Repeat death by impaired boating is a Class B2 felony.

(2)        Aggravated death by impaired boating is a Class D felony. Notwithstanding the provisions of G.S. 15A-1340.17, the court shall sentence the defendant in the aggravated range of the appropriate Prior Record Level.

(3)        Death by impaired boating is a Class D felony. Notwithstanding the provisions of G.S. 15A-1340.17, intermediate punishment is authorized for a defendant who is a Prior Record Level I offender.

(4)        Aggravated serious injury by impaired boating is a Class E felony.

(5)        Serious injury by impaired boating is a Class F felony.

(g)        No Double Prosecutions. - No person who has been placed in jeopardy upon a charge of death by impaired boating may be prosecuted for the offense of manslaughter arising out of the same death; and no person who has been placed in jeopardy upon a charge of manslaughter may be prosecuted for death by impaired boating arising out of the same death.  (2016-34, s. 2.)