                                 CODE OF VIRGINIA

INVOLUNTARY MANSLAUGHTER; OPERATING A WATERCRAFT WHILE UNDER THE INFLUENCE;
PENALTIES (§ 18.2-36.2)

A. Any person who, as a result of operating a watercraft or motorboat in
violation of clause (ii), (iii), or (iv) of subsection B of &#xA7; 29.1-738 or a
similar local ordinance, unintentionally causes the death of another person, is
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. 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 &#xA7; 29.1-738.5.

HISTORY: 2005, c. 376.