N.J. Stat. § 2C:11-5.3

Current through L. 2024, c. 62.
Section 2C:11-5.3 - Strict liability vehicular homicide
a. Criminal homicide constitutes strict liability vehicular homicide when it is caused by driving a vehicle while intoxicated in violation of R.S. 39:4-50 or operating a vessel under the influence of alcohol or drugs in violation of section 3 of P.L. 1952, c.157 (C.12:7-46).
b. Strict liability vehicular homicide is a crime of the third degree, but the presumption of nonimprisonment set forth in subsection e. of N.J.S. 2C:44-1 shall not apply.
c. The provisions of N.J.S. 2C:2-3 governing the causal relationship between conduct and result shall not apply in a prosecution under this section. For purposes of this offense, the defendant's act of operating a motor vehicle while intoxicated in violation of R.S. 39:4-50 or operating a vessel under the influence of alcohol or drugs in violation of section 3 of P.L. 1952, c.157 (C.12:7-46) is the cause of death when:
(1) The operation of the motor vehicle or vessel is an antecedent but for which the death would not have occurred; and
(2) The death was not:
(a) too remote in its occurrence as to have a just bearing on the defendant's liability; or
(b) too dependent upon the conduct of another person which was unrelated to the defendant's operation of a motor vehicle or vessel as to have a just bearing on the defendant's liability.
d. It shall not be a defense to a prosecution under this section that the decedent contributed to his own death by reckless or negligent conduct or operation of a motor vehicle or vessel.
e. Nothing in this section shall be deemed to preclude, if the evidence so warrants, an indictment and conviction for any other offense.

N.J.S. § 2C:11-5.3

Added by L. 2017, c. 165,s. 1, eff. 7/21/2017.