1. A person commits a class "C" felony when the person unintentionally causes the death of another by any of the following means:
a. Operating a motor vehicle while under the influence of alcohol or other drug or a combination of such substances or while having an alcohol concentration, as defined in section 321J.1, subsection 1, of .10 or more. Upon a plea or verdict of guilty of a violation of this paragraph, the court shall order the state department of transportation to revoke the defendant's motor vehicle license or nonresident operating privileges for a period of six years. The defendant shall surrender to the court any Iowa license or permit and the court shall forward it to the department with a copy of the revocation order.
b. Driving a motor vehicle in a reckless manner with willful or wanton disregard for the safety of persons or property, in violation of section 321.277.
c. Eluding or attempting to elude a pursuing law enforcement vehicle, in violation of section 321.279, if the death of the other person directly or indirectly results from the violation.
2. A person commits a class "D" felony when the person unintentionally causes the death of another while drag racing, in violation of section 321.278.
3. A person commits an aggravated misdemeanor when the person unintentionally causes a serious injury, as defined in section 321J.1, subsection 8, by any of the means described in subsection 1 of this section.
4. As used in this section, "motor vehicle" includes any vehicle defined as a motor vehicle in section 321.1.
5. Except for the purpose of sentencing under section 321J.2, subsection 2, a conviction or deferral of judgment for a violation of this section, where a violation of section 321J.2 is admitted or proved, shall be treated as a conviction or deferral of judgment for a violation of section 321J.2 for the purposes of chapters 321, 321A, and 321J, and section 907.3, subsection 1.
86 Acts, ch 1220, § 41; 89 Acts, ch 211, § 1; 90 Acts, ch 1251, § 55; 94 Acts, ch 1069, §2
Referred to in § 321J.10, 331.802, 707.8, 910.3A, 912.1
Iowa General Assembly
Search: Iowa Code 1997
© 1997 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Mon Jan 27 16:05:08 CST 1997
URL: /DOCS/IACODE/1997/707/6A.html
jhf