{"data":{"id":"us-nc/n.c.-gen.-stat.-75a-10.3","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 75A-10.3","heading":"Death or serious injury by impaired boating; repeat offenses.","body":"(a)\tDeath by Impaired Boating. - A person commits the offense of death by impaired boating if all of the following apply:\n(1)\tThe person unintentionally causes the death of another person.\n(2)\tThe person was engaged in the offense of impaired boating under G.S. 75A-10(b1).\n(3)\tThe commission of the offense in subdivision (2) of this subsection is the proximate cause of the death.\n(b)\tSerious Injury by Impaired Boating. - A person commits the offense of serious injury by impaired boating if all of the following apply:\n(1)\tThe person unintentionally causes serious injury to another person.\n(2)\tThe person was engaged in the offense of impaired boating under G.S. 75A-10(b1).\n(3)\tThe commission of the offense in subdivision (2) of this subsection is the proximate cause of the serious injury.\n(c)\tAggravated Serious Injury by Impaired Boating. - A person commits the offense of aggravated serious injury by impaired boating if all of the following apply:\n(1)\tThe person unintentionally causes serious injury to another person.\n(2)\tThe person was engaged in the offense of impaired boating under G.S. 75A-10(b1).\n(3)\tThe commission of the offense in subdivision (2) of this subsection is the proximate cause of the serious injury.\n(4)\tThe person has a previous conviction of impaired boating under G.S. 75A-10(b1) within seven years of the date of the offense.\n(d)\tAggravated Death by Impaired Boating. - A person commits the offense of aggravated death by impaired boating if all of the following apply:\n(1)\tThe person unintentionally causes the death of another person.\n(2)\tThe person was engaged in the offense of impaired boating under G.S. 75A-10(b1).\n(3)\tThe commission of the offense in subdivision (2) of this subsection is the proximate cause of the death.\n(4)\tThe person has a previous conviction of impaired boating under G.S. 75A-10(b1) within seven years of the date of the offense.\n(e)\tRepeat Death by Impaired Boating. - A person commits the offense of repeat death by impaired boating if all of the following apply:\n(1)\tThe person commits an offense under subsection (a) or subsection (d) of this section.\n(2)\tThe person has a previous conviction under at least one of the following:\na.\tSubsection (a) of this section.\nb.\tSubsection (d) of this section.\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 boating under G.S. 75A-10(b1).\nThe pleading and proof of previous convictions shall be in accordance with the provisions of G.S. 15A-928.\n(f)\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 death by impaired boating is a Class B2 felony.\n(2)\tAggravated 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.\n(3)\tDeath 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.\n(4)\tAggravated serious injury by impaired boating is a Class E felony.\n(5)\tSerious injury by impaired boating is a Class F felony.\n(g)\tNo 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.)","path":["Chapter 75A. Boating and Water Safety.","Article 1. Boating Safety Act."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_75A/GS_75A-10.3.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T18:09:22Z","sha256":"09fe7d28d55f0c6b04109ad9a17850fd38700bf2ffd48feaf83687f73ffbef82","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-75a-10.2","next":"us-nc/n.c.-gen.-stat.-75a-11"},"notice":"GroundRules: Original legal text. Not legal advice."}