{"data":{"id":"us-nc/n.c.-gen.-stat.-20-141.4","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 20-141.4","heading":"Felony and misdemeanor death by vehicle; felony serious injury by vehicle; aggravated offenses; repeat felony death by vehicle.","body":"(a)\tRepealed by Session Laws 1983, c. 435, s. 27.\n(a1)\tFelony Death by Vehicle. - A person commits the offense of felony death by vehicle if:\n(1)\tThe person unintentionally causes the death of another person,\n(2)\tThe person was engaged in the offense of impaired driving under G.S. 20-138.1 or G.S. 20-138.2, and\n(3)\tThe commission of the offense in subdivision (2) of this subsection is the proximate cause of the death.\n(a2)\tMisdemeanor Death by Vehicle. - A person commits the offense of misdemeanor death by vehicle if:\n(1)\tThe person unintentionally causes the death of another person,\n(2)\tThe person was engaged in the violation of any State law or local ordinance applying to the operation or use of a vehicle or to the regulation of traffic, other than impaired driving under G.S. 20-138.1, and\n(3)\tThe commission of the offense in subdivision (2) of this subsection is the proximate cause of the death.\n(a3)\tFelony Serious Injury by Vehicle. - A person commits the offense of felony serious injury by vehicle if:\n(1)\tThe person unintentionally causes serious injury to another person,\n(2)\tThe person was engaged in the offense of impaired driving under G.S. 20-138.1 or G.S. 20-138.2, and\n(3)\tThe commission of the offense in subdivision (2) of this subsection is the proximate cause of the serious injury.\n(a4)\tAggravated Felony Serious Injury by Vehicle. - A person commits the offense of aggravated felony serious injury by vehicle if:\n(1)\tThe person unintentionally causes serious injury to another person,\n(2)\tThe person was engaged in the offense of impaired driving under G.S. 20-138.1 or G.S. 20-138.2,\n(3)\tThe commission of the offense in subdivision (2) of this subsection is the proximate cause of the serious injury, and\n(4)\tThe person has a previous conviction involving impaired driving, as defined in G.S. 20-4.01(24a), within seven years of the date of the offense.\n(a5)\tAggravated Felony Death by Vehicle. - A person commits the offense of aggravated felony death by vehicle if:\n(1)\tThe person unintentionally causes the death of another person,\n(2)\tThe person was engaged in the offense of impaired driving under G.S. 20-138.1 or G.S. 20-138.2,\n(3)\tThe commission of the offense in subdivision (2) of this subsection is the proximate cause of the death, and\n(4)\tThe person has a previous conviction involving impaired driving, as defined in G.S. 20-4.01(24a), within seven years of the date of the offense.\n(a6)\tRepeat Felony Death by Vehicle Offender. - A person commits the offense of repeat felony death by vehicle if:\n(1)\tThe person commits an offense under subsection (a1) or subsection (a5) of this section; and\n(2)\tThe person has a previous conviction under:\na.\tSubsection (a1) of this section;\nb.\tSubsection (a5) of this section; or\nc.\tG.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 driving under G.S. 20-138.1 or G.S. 20-138.2.\nThe pleading and proof of previous convictions shall be in accordance with the provisions of G.S. 15A-928.\n(b)\tPunishments. - 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:\n(1)\tRepeat felony death by vehicle is a Class B2 felony.\n(1a)\tAggravated felony death by vehicle 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.\n(2)\tFelony death by vehicle 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.\n(3)\tAggravated felony serious injury by vehicle is a Class E felony.\n(4)\tFelony serious injury by vehicle is a Class F felony.\n(5)\tMisdemeanor death by vehicle is a Class A1 misdemeanor.\n(c)\tNo Double Prosecutions. - No person who has been placed in jeopardy upon a charge of death by vehicle 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 vehicle arising out of the same death. (1973, c. 1330, s. 9; 1983, c. 435, s. 27; 1993, c. 285, s. 10; c. 539, ss. 371, 1259; 1994, Ex. Sess., c. 24, s. 14(c); 2006-253, s. 14; 2007-493, s. 15; 2009-528, s. 1; 2012-165, s. 2, 3.)","path":["Chapter 20. Motor Vehicles.","Article 3. Motor Vehicle Act of 1937.","Part 10. Operation of Vehicles and Rules of the Road."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-141.4.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T17:58:08Z","sha256":"f42d857972140c2a691df71288e9fc39d10a4e52344c2d59ae72d144892c9d16","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-20-141.3","next":"us-nc/n.c.-gen.-stat.-20-141.5"},"notice":"GroundRules: Original legal text. Not legal advice."}