45-5-106 . Vehicular homicide while under influence. (1) A person commits the offense of vehicular homicide while under the influence if the person negligently causes the death of another human being while the person is operating a vehicle in violation of 61-8-1002 . (2) Vehicular homicide while under the influence is not an included offense of deliberate homicide as described in 45-5-102 (1)(b). (3) A person convicted of vehicular homicide while under the influence shall be imprisoned in a state prison for a term not to exceed 30 years or be fined an amount not to exceed $50,000, or both. Imposition of a sentence may not be deferred. (4) If the victim has a surviving minor child, a person convicted of vehicular homicide while under the influence must be ordered to pay restitution pursuant to 46-18-240 .
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