§ 53a-57 — Misconduct with a motor vehicle: Class D felony.

Connecticut § 53a-57

• Jurisdiction: Connecticut
• Title 53a: Penal Code
• Ch. 952: Penal Code: Offenses

Text

(a) A person is guilty of misconduct with a motor vehicle when, with criminal negligence in the operation of a motor vehicle, he causes the death of another person. (b) Misconduct with a motor vehicle is a class D felony. See Sec. 14-111g re motor vehicle operator's retraining program.

Legislative History

(1969, P.A. 828, S. 58; P.A. 76-16; P.A. 82-403, S. 3.) History: P.A. 76-16 defined “intoxication” for purposes of section; P.A. 82-403 amended Subsec. (a) by deleting the provision that a person is guilty of misconduct with a motor vehicle when he causes the death of another person “in consequence of his intoxication while operating a motor vehicle” and by deleting the definition of “intoxication”. Cited. 174 C. 112; Id., 118; 176 C. 445; Id., 451; 188 C. 620; 202 C. 629; 207 C. 336; 216 C. 699; 222 C. 444; 229 C. 228. Cited. 3 CA 137. Violation of Sec. 14-222a, negligent homicide with a motor vehicle, is a lesser included offense of misconduct with a motor vehicle. 9 CA 686. Not a lesser included offense of Sec. 53a-56b(a). 11 CA 473. Cited. 15 CA 392; 16 CA 497; 21 CA 138; 22 CA 108; 23 CA 720; 28 CA 283; 29 CA 825; 30 CA 428; 34 CA 655. Conviction upheld where defendant became aware that his ability to operate a motor vehicle was impaired, yet continued to operate the motor vehicle. 64 CA 631. Cited. 35 CS 519; 36 CS 527. Subsec. (a): Cited. 20 CA 495. This Subsec. and Sec. 14-223(b) contain multiple elements that are dissimilar, and the clear language of the statutes themselves is sufficient for conclusion that they do not impose two punishments for the same act. 84 CA 351. The mental state elements in the two provisions - failing to perceive a substantial and unjustifiable risk that your manner of operation would cause death under Subsec. and an intent to cause serious physical injury under Sec. 53a-55(a)(1) - do not relate to the same result; the mental state element under Sec. 53a-55(a)(3) and under Subsec. is mutually exclusive and relate to the same result, thus guilty verdicts as to the crimes of reckless manslaughter and criminally negligent operation were legally inconsistent. 191 CA 33; judgment reverse in part, see 342 C. 538.