                                 CODE OF VIRGINIA

CERTAIN CONDUCT PUNISHABLE AS INVOLUNTARY MANSLAUGHTER (§ 18.2-36.1)

A. Any person who, as a result of driving under the influence in violation of
clause (ii), (iii), or (iv) of &#xA7; 18.2-266 or any local ordinance
substantially similar thereto unintentionally causes the death of another
person, shall be guilty of involuntary manslaughter.

B. 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.

C. The provisions of this section shall not preclude prosecution under any other
homicide statute. This section shall not preclude any other revocation or
suspension required by law. The driver&#8217;s license of any person convicted
under this section shall be revoked pursuant to subsection B of &#xA7; 46.2-391.

HISTORY: 1989, cc. 554, 574; 1992, c. 862; 1994, cc. 635, 682; 1999, cc. 945,
987; 2000, cc. 956, 982; 2004, c. 461.