76-5-207.5. Automobile homicide involving a handheld wireless communication device while driving.
(1) As used in this section: "Criminally negligent" means the same as that term is described in Subsection. 76-2-103(4) "Motor vehicle" means any self-propelled vehicle, including an automobile, truck, van, motorcycle, train, engine, watercraft, or aircraft. "Negligent" means the failure to exercise the degree of care that a reasonable and prudent person exercises under similar circumstances. "Wireless communication device" means the same as that term is defined in Section. 41-6a-1716 Terms defined in Sectionapply to this section. 76-1-101.5
(2) An actor commits automobile homicide if the actor: operates a moving motor vehicle in a negligent manner; while using a wireless communication device in violation of Section; and 41-6a-1716 causes the death of another individual.
(3) Except as provided in Subsection, a violation of Subsectionis a third degree felony. (3)(b) (2) A violation of Subsectionis a second degree felony if the actor operated the moving motor vehicle in a criminally negligent manner. (2)