There are two primary distinctions between third-degree vehicular manslaughter and the second-degree variety of this charge. First, there is no requirement that the state establishes recklessness in order to secure a conviction for a third-degree offense under 2C:11-5.3 (i.e. strict liability case). The second major difference is that proximate cause must exist in order to convict someone for violating 2C:11-5 (i.e. second degree) whereas it is no defense in a strict liability case “that the decedent contributed to his own death by reckless or negligent conduct or operation of a motor vehicle or vessel.”
Home What Is The Difference Between a Vehicular Homicide Charge Under 2C:11-5 Versus 2C:11-5.3?
