{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-36.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-36.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-36.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-36.2.html"}],"law_id":71288,"edition_id":1,"section_id":71288,"structure_id":15120,"section_number":"18.2-36.2","catch_line":"Involuntary manslaughter; operating a watercraft while under the influence; penalties","history":"2005, c. 376.","full_text":"A\n\nAny person who, as a result of operating a watercraft or motorboat in violation of clause (ii), (iii), or (iv) of subsection B of § 29.1-738 or a similar local ordinance, unintentionally causes the death of another person, is guilty of involuntary manslaughter.B\n\nIf, in addition, the conduct of the defendant was so gross, wanton, and culpable as to show a reckless disregard for human life, he shall be guilty of aggravated involuntary manslaughter, a felony punishable by a term of imprisonment of not less than one nor more than 20 years, one year of which shall be a mandatory minimum term of imprisonment.C\n\nThe provisions of this section shall not preclude prosecution under any other homicide statute. The court shall order any person convicted under this section not to operate a watercraft or motorboat that is underway upon the waters of the Commonwealth. After five years have passed from the date of the conviction, the convicted person may petition the court that entered the conviction for the right to operate a watercraft or motorboat upon the waters of the Commonwealth. Upon consideration of such petition, the court may restore the right to operate a watercraft or motorboat subject to such terms and conditions as the court deems appropriate, including the successful completion of a water safety alcohol rehabilitation program described in § 29.1-738.5.","order_by":null,"text":{"0":{"id":256943,"text":"Any person who, as a result of operating a watercraft or motorboat in violation of clause (ii), (iii), or (iv) of subsection B of § 29.1-738 or a similar local ordinance, unintentionally causes the death of another person, is guilty of involuntary manslaughter.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":256944,"text":"If, in addition, the conduct of the defendant was so gross, wanton, and culpable as to show a reckless disregard for human life, he shall be guilty of aggravated involuntary manslaughter, a felony punishable by a term of imprisonment of not less than one nor more than 20 years, one year of which shall be a mandatory minimum term of imprisonment.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":256945,"text":"The provisions of this section shall not preclude prosecution under any other homicide statute. The court shall order any person convicted under this section not to operate a watercraft or motorboat that is underway upon the waters of the Commonwealth. After five years have passed from the date of the conviction, the convicted person may petition the court that entered the conviction for the right to operate a watercraft or motorboat upon the waters of the Commonwealth. Upon consideration of such petition, the court may restore the right to operate a watercraft or motorboat subject to such terms and conditions as the court deems appropriate, including the successful completion of a water safety alcohol rehabilitation program described in § 29.1-738.5.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15120,"edition_id":1,"name":"Homicide","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":13100,"metadata":{},"date_created":"2026-06-26 03:52:17","date_modified":"2026-06-26 03:52:17","permalink":{"id":164765,"object_type":"structure","relational_id":15120,"identifier":"1","token":"18.2\/4\/1","url":"\/18.2\/4\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13100,"edition_id":1,"name":"Crimes Against the Person","identifier":"4","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:44:17","date_modified":"2026-06-26 03:44:17","permalink":{"id":164763,"object_type":"structure","relational_id":13100,"identifier":"4","token":"18.2\/4","url":"\/18.2\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12972,"edition_id":1,"name":"Crimes and Offenses Generally","identifier":"18.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":164139,"object_type":"structure","relational_id":12972,"identifier":"18.2","token":"18.2","url":"\/18.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":77418,"structure_id":15120,"section_number":"18.2-30","catch_line":"Murder and manslaughter declared felonies","url":"\/18.2-30\/","token":"18.2\/4\/1\/18.2-30","metadata":false},{"id":79946,"structure_id":15120,"section_number":"18.2-31","catch_line":"Aggravated murder defined; punishment","url":"\/18.2-31\/","token":"18.2\/4\/1\/18.2-31","metadata":false},{"id":57602,"structure_id":15120,"section_number":"18.2-32","catch_line":"First and second degree murder defined; punishment","url":"\/18.2-32\/","token":"18.2\/4\/1\/18.2-32","metadata":false},{"id":62187,"structure_id":15120,"section_number":"18.2-32.1","catch_line":"Murder of a pregnant woman; penalty","url":"\/18.2-32.1\/","token":"18.2\/4\/1\/18.2-32.1","metadata":false},{"id":79116,"structure_id":15120,"section_number":"18.2-32.2","catch_line":"Killing a fetus; penalty","url":"\/18.2-32.2\/","token":"18.2\/4\/1\/18.2-32.2","metadata":false},{"id":69091,"structure_id":15120,"section_number":"18.2-32.3","catch_line":"Human infant; independent and separate existence","url":"\/18.2-32.3\/","token":"18.2\/4\/1\/18.2-32.3","metadata":false},{"id":80906,"structure_id":15120,"section_number":"18.2-33","catch_line":"Felony homicide defined; punishment","url":"\/18.2-33\/","token":"18.2\/4\/1\/18.2-33","metadata":false},{"id":70125,"structure_id":15120,"section_number":"18.2-34","catch_line":"Reserved","url":"\/18.2-34\/","token":"18.2\/4\/1\/18.2-34","metadata":false},{"id":70478,"structure_id":15120,"section_number":"18.2-35","catch_line":"How voluntary manslaughter punished","url":"\/18.2-35\/","token":"18.2\/4\/1\/18.2-35","metadata":false},{"id":78426,"structure_id":15120,"section_number":"18.2-36","catch_line":"How involuntary manslaughter punished","url":"\/18.2-36\/","token":"18.2\/4\/1\/18.2-36","metadata":false},{"id":67930,"structure_id":15120,"section_number":"18.2-36.1","catch_line":"Certain conduct punishable as involuntary manslaughter","url":"\/18.2-36.1\/","token":"18.2\/4\/1\/18.2-36.1","metadata":false},{"id":71288,"structure_id":15120,"section_number":"18.2-36.2","catch_line":"Involuntary manslaughter; operating a watercraft while under the influence; penalties","url":"\/18.2-36.2\/","token":"18.2\/4\/1\/18.2-36.2","metadata":false},{"id":66815,"structure_id":15120,"section_number":"18.2-36.3","catch_line":"Involuntary manslaughter; certain drug offenses","url":"\/18.2-36.3\/","token":"18.2\/4\/1\/18.2-36.3","metadata":false},{"id":86725,"structure_id":15120,"section_number":"18.2-37","catch_line":"How and where homicide prosecuted and punished if death occur without the Commonwealth","url":"\/18.2-37\/","token":"18.2\/4\/1\/18.2-37","metadata":false},{"id":60034,"structure_id":15120,"section_number":"18.2-37.1","catch_line":"Certain matters not to constitute defenses","url":"\/18.2-37.1\/","token":"18.2\/4\/1\/18.2-37.1","metadata":false}],"previous_section":{"id":67930,"structure_id":15120,"section_number":"18.2-36.1","catch_line":"Certain conduct punishable as involuntary manslaughter","url":"\/18.2-36.1\/","token":"18.2\/4\/1\/18.2-36.1","metadata":false},"next_section":{"id":66815,"structure_id":15120,"section_number":"18.2-36.3","catch_line":"Involuntary manslaughter; certain drug offenses","url":"\/18.2-36.3\/","token":"18.2\/4\/1\/18.2-36.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-36.2\/","history_text":"

This law was first created in 2005. The record of its establishment is cataloged in chapter 376<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":75350,"section_number":"18.2-270","catch_line":"Penalty for driving while intoxicated; subsequent offense; prior conviction","order_by":null,"url":"\/18.2-270\/"},{"id":74057,"section_number":"19.2-187.02","catch_line":"Admissibility of written reports or records of blood alcohol tests conducted in the regular course of providing emergency medical treatment","order_by":null,"url":"\/19.2-187.02\/"},{"id":61280,"section_number":"19.2-392.02","catch_line":"National criminal background checks by businesses and organizations regarding employees or volunteers providing care to children or the elderly or disabled","order_by":null,"url":"\/19.2-392.02\/"},{"id":74660,"section_number":"19.2-392.12","catch_line":"(Effective July 1, 2026) Sealing of offenses resulting in a deferred and dismissed disposition or conviction by petition","order_by":null,"url":"\/19.2-392.12\/"},{"id":75919,"section_number":"46.2-341.28","catch_line":"Penalty for driving commercial motor vehicle while intoxicated; subsequent offense; prior conviction","order_by":null,"url":"\/46.2-341.28\/"},{"id":55524,"section_number":"46.2-382","catch_line":"Courts to keep full records of certain cases","order_by":null,"url":"\/46.2-382\/"}],"refers_to":[{"id":87020,"section_number":"29.1-738","catch_line":"Operating boat or manipulating water skis, etc., in reckless manner or while intoxicated, etc","order_by":null,"url":"\/29.1-738\/"},{"id":66297,"section_number":"29.1-738.5","catch_line":"Participation in rehabilitation program","order_by":null,"url":"\/29.1-738.5\/"}],"permalink":{"id":164811,"object_type":"law","relational_id":71288,"identifier":"18.2-36.2","token":"18.2\/4\/1\/18.2-36.2","url":"\/18.2-36.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-36.2\/","token":"18.2\/4\/1\/18.2-36.2","dublin_core":{"Title":"Involuntary manslaughter; operating a watercraft while under the influence; penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-36.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person who, as a result of operating a watercraft or motorboat in violation of clause (ii), (iii), or (iv) of subsection B of § 29.1-738<\/a> or a similar local ordinance<\/span>, unintentionally causes the death of another person, is guilty of involuntary manslaughter<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If, in addition, the conduct of the defendant<\/span> was so gross, wanton, and culpable as to show a reckless disregard for human life, he shall be guilty of aggravated involuntary manslaughter<\/span>, a felony<\/span> punishable by a term of imprisonment of not less than one nor more than 20 years, one year of which shall be a mandatory minimum term of imprisonment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The provisions of this section shall not preclude prosecution<\/span> under any other homicide<\/span> statute<\/span>. The court<\/span> shall order<\/span> any person convicted under this section not to operate a watercraft or motorboat that is underway upon the waters of the Commonwealth. After five years have passed from the date of the conviction<\/span>, the convicted person may petition<\/span> the court<\/span> that entered the conviction<\/span> for the right to operate a watercraft or motorboat upon the waters of the Commonwealth. Upon consideration of such petition<\/span>, the court<\/span> may restore the right to operate a watercraft or motorboat subject to such terms and conditions as the court<\/span> deems appropriate, including the successful completion of a water safety alcohol rehabilitation program described in § 29.1-738.5<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINVOLUNTARY MANSLAUGHTER; OPERATING A WATERCRAFT WHILE UNDER THE INFLUENCE;\nPENALTIES (\u00a7 18.2-36.2)\n\nA. Any person who, as a result of operating a watercraft or motorboat in\nviolation of clause (ii), (iii), or (iv) of subsection B of § 29.1-738 or a\nsimilar local ordinance, unintentionally causes the death of another person, is\nguilty of involuntary manslaughter.\n\nB. If, in addition, the conduct of the defendant was so gross, wanton, and\nculpable as to show a reckless disregard for human life, he shall be guilty of\naggravated involuntary manslaughter, a felony punishable by a term of\nimprisonment of not less than one nor more than 20 years, one year of which\nshall be a mandatory minimum term of imprisonment.\n\nC. The provisions of this section shall not preclude prosecution under any other\nhomicide statute. The court shall order any person convicted under this section\nnot to operate a watercraft or motorboat that is underway upon the waters of the\nCommonwealth. After five years have passed from the date of the conviction, the\nconvicted person may petition the court that entered the conviction for the\nright to operate a watercraft or motorboat upon the waters of the Commonwealth.\nUpon consideration of such petition, the court may restore the right to operate\na watercraft or motorboat subject to such terms and conditions as the court\ndeems appropriate, including the successful completion of a water safety alcohol\nrehabilitation program described in § 29.1-738.5.\n\nHISTORY: 2005, c. 376.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}