Section 192.5 Of Chapter 1. Homicide From California Penal Code >> Title 8. >> Part 1. >> Chapter 1.
192.5
. Vehicular manslaughter pursuant to subdivision (b) of
Section 191.5 and subdivision (c) of Section 192 is the unlawful
killing of a human being without malice aforethought, and includes:
(a) Operating a vessel in violation of subdivision (b), (c), (d),
(e), or (f) of Section 655 of the Harbors and Navigation Code, and in
the commission of an unlawful act, not amounting to felony, and with
gross negligence; or operating a vessel in violation of subdivision
(b), (c), (d), (e), or (f) of Section 655 of the Harbors and
Navigation Code, and in the commission of a lawful act that might
produce death, in an unlawful manner, and with gross negligence.
(b) Operating a vessel in violation of subdivision (b), (c), (d),
(e), or (f) of Section 655 of the Harbors and Navigation Code, and in
the commission of an unlawful act, not amounting to felony, but
without gross negligence; or operating a vessel in violation of
subdivision (b), (c), (d), (e), or (f) of Section 655 of the Harbors
and Navigation Code, and in the commission of a lawful act that might
produce death, in an unlawful manner, but without gross negligence.
(c) Operating a vessel in the commission of an unlawful act, not
amounting to a felony, and with gross negligence; or operating a
vessel in the commission of a lawful act that might produce death, in
an unlawful manner, and with gross negligence.
(d) Operating a vessel in the commission of an unlawful act, not
amounting to a felony, but without gross negligence; or operating a
vessel in the commission of a lawful act that might produce death, in
an unlawful manner, but without gross negligence.
(e) A person who flees the scene of the crime after committing a
violation of subdivision (a), (b), or (c), upon conviction, in
addition and consecutive to the punishment prescribed, shall be
punished by an additional term of imprisonment of five years in the
state prison. This additional term shall not be imposed unless the
allegation is charged in the accusatory pleading and admitted by the
defendant or found to be true by the trier of fact. The court shall
not strike a finding that brings a person within the provisions of
this subdivision or an allegation made pursuant to this subdivision.