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PC 192.5 Vehicular Manslaughter Involving Vessel; Additional Punishment for Fleeing Scene of Crime | Fresno Criminal Defense Attorney

PC 192.5 Vehicular Manslaughter Involving Vessel; Additional Punishment for Fleeing Scene of Crime

Vehicular manslaughter pursuant to subdivision (b) of Section 101.5 and subdivision (c) of Section 192 is the unlawful killing of a human being without malice aforethought, and includes:

(a)  Operating a vessel in violation of subdivision (b), (c), (d), (e), or (f) of Section 655 of the Harbors and Navigation Code, and in the commission of an unlawful act, not amounting to felony, and with gross negligence, or operating a vessel in violation of subdivision b), (c), (d), (e), or (f) of section 655 of the Harbor and Navigation Code, and in the commission of lawful act that might produce death, in an unlawful manner, and with gross negligence.

(b) Operating a vessel in violating of subdivision (b), (c), (d), (e), or (f) of Section 655 of the Harbors and Navigation code, and in the commission of an unlawful act, not amounting to felony, but without gross negligence; or operating a vessel in violation of Subdivisions, (b), (c), (d), (e), or (f) of section 655 of the Harbor and Navigation Code, and in the commission of a lawful act that might produce death, in an unlawful manner, but without gross negligence.

(c) Operating a vessel in the commission of an unlawful act, not amounting to a felony, and with gross negligence; or operating a vessel in the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence.

(d) Operating a vessel in the commission of an unlawful act, not amounting to a felony, but without gross negligence; or operating a vessel in the commission of a lawful act that might produce death, in an unlawful manner, but without gross negligence.

(e) A person who flees the scene of the crime after committing a violating of subdivision (a), (b), or (c), upon conviction, in addition and consecutive to the punishment prescribed, shall be punished by an additional term of imprisonment of five years in the state prison.  This additional term shall not be imposed unless the allegation is charged in the accusatory pleading and admitted by the defendant or found to be be true by the trier of fact.  The court shall not strike a finding that brings a person within the provisions of this subdivision or an allegation made pursuant to this subdivision.

Notes of these charges:

The central valley and greater Fresno metropolitan area is ripe with many local waterways.  These include the San Joaquin River, Millerton Lake, Pine Flat Reservoir, the Kings River, Bass lake, Shaver Lake, Lake Kaweah, and numerous other locations where boating and recreation are abundant.  However, these waterways can be dangerous.  Water crafts are common, and provide for excellent entertainment, but water is an unnatural environment for humans, so when an accident does occur it provided a heightened risk of danger to human life.

A simple accident at low speeds could cause a person to loose consciousness and be unable to care for their own well being in the water.  It this leads to simple accidents that end up costing human life.  Please be careful on the waterways and remain aware of he heightened risk.

Manslaughter on our water ways occurs all to regularly, and leaving the scene of an accident could lead to charges being filed against you.

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