Intoxication Manslaughter
By accident or mistake, while operating a motor vehicle/aircraft/watercraft/amusement ride in a public place by reason of intoxication, causes the death of another.
To prove this offense, the State must establish each of the following elements: By accident or mistake; While operating motor vehicle/aircraft/watercraft/amusement ride; While intoxicated; Causes the death of another by reason of intoxication; 2nd degree felony (1st degree if victim is on-duty peace officer/firefighter/EMS).
The base classification is 2nd degree felony, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Elements you must prove
- By accident or mistake
- While operating motor vehicle/aircraft/watercraft/amusement ride
- While intoxicated
- Causes the death of another by reason of intoxication
- 2nd degree felony (1st degree if victim is on-duty peace officer/firefighter/EMS)
By accident or mistake, while operating a motor vehicle/aircraft/watercraft/amusement ride in a public place by reason of intoxication, causes the death of another.
| If this condition applies… | Charge escalates to | Statute |
|---|---|---|
| Victim is peace officer/firefighter/EMS on duty | 1st degree felony | §49.08(c) |
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Worked examples
Intoxication Manslaughter under §49.08 is what level of felony?
- State jail felony
- 3rd degree felony
- 2nd degree felony Correct
- 1st degree felony