New jersey criminal charge
Death by auto or vessel in New jersey
Death by auto or vessel is a criminal offense under New jersey law, defined by N.J.S.A. 2C:11-5. Its classification is not fixed: New jersey assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by N.J.S.A. 2C:11-5.
What is the penalty for death by auto or vessel in New jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 5 years to 10 years (Reckless vehicular homicide - base offense — Default classification for reckless vehicular homicide unless the school-zone DUI aggravating factor or the lane-maintenance-only mitigating factor applies.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Reckless vehicular homicide - base offense — Default classification for reckless vehicular homicide unless the school-zone DUI aggravating factor or the lane-maintenance-only mitigating factor applies.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 10 years to 20 years (Reckless vehicular homicide - school zone DUI aggravated — Applies when the defendant was driving under the influence in violation of DUI laws while on or near school property, or driving through a designated or known school crossing.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 200000 usd (no statutory minimum) (Reckless vehicular homicide - school zone DUI aggravated — Applies when the defendant was driving under the influence in violation of DUI laws while on or near school property, or driving through a designated or known school crossing.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Reckless vehicular homicide - failure to maintain lane only — Applies when the defendant proves the only reckless conduct was failing to maintain a lane in violation of R.S.39:4-88.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 15000 usd (no statutory minimum) (Reckless vehicular homicide - failure to maintain lane only — Applies when the defendant proves the only reckless conduct was failing to maintain a lane in violation of R.S.39:4-88.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
Applies to current.
How is death by auto or vessel classified in New jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Reckless vehicular homicide - base offense | crime of the second degree | Default classification for reckless vehicular homicide unless the school-zone DUI aggravating factor or the lane-maintenance-only mitigating factor applies. | N.J.S.A. 2C:11-5undefined |
| Reckless vehicular homicide - school zone DUI aggravated | crime of the first degree | Applies when the defendant was driving under the influence in violation of DUI laws while on or near school property, or driving through a designated or known school crossing. | N.J.S.A. 2C:11-5undefined |
| Reckless vehicular homicide - failure to maintain lane only | crime of the third degree | Applies when the defendant proves the only reckless conduct was failing to maintain a lane in violation of R.S.39:4-88. | N.J.S.A. 2C:11-5undefined |
Common questions about death by auto or vessel in New jersey
What degree of offense is death by auto or vessel in New Jersey?
It depends on the circumstances: death by auto or vessel ranges from a crime of the third degree to a crime of the first degree in New Jersey under N.J.S.A. 2C:11-5.
Reckless vehicular homicide - base offense: crime of the second degree (N.J.S.A. 2C:11-5) · Reckless vehicular homicide - school zone DUI aggravated: crime of the first degree (N.J.S.A. 2C:11-5) · Reckless vehicular homicide - failure to maintain lane only: crime of the third degree (N.J.S.A. 2C:11-5)
What are the penalties for death by auto or vessel in New Jersey?
Penalties for death by auto or vessel in New Jersey depend on how it is classified — from a crime of the third degree up to a crime of the first degree — with the ranges set by N.J.S.A. 2C:43-6; the full table of ranges by variant is published on this page.
Which New Jersey statute covers death by auto or vessel?
Death by auto or vessel is governed by N.J.S.A. 2C:11-5 (Death by auto or vessel).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.