2C:11-5.3 Strict liability vehicular homicide. 1. a. Criminal homicide constitutes strict liability vehicular homicide when it is caused by driving a vehicle while intoxicated in violation of R.S.39:4-50 or operating a vessel under the influence of alcohol or drugs in violation of section 3 of P.L.1952, c.157 (C.12:7-46). b. Strict liability vehicular homicide is a crime of the third degree, but the presumption of nonimprisonment set forth in subsection e. of N.J.S.2C:44-1 shall not apply. c. The provisions of N.J.S.2C:2-3 governing the causal relationship between conduct and result shall not apply in a prosecution under this section. For purposes of this offense, the defendant's act of operating a motor vehicle while intoxicated in violation of R.S.39:4-50 or operating a vessel under the influence of alcohol or drugs in violation of section 3 of P.L.1952, c.157 (C.12:7-46) is the cause of death when: (1) The operation of the motor vehicle or vessel is an antecedent but for which the death would not have occurred; and (2) The death was not: (a) too remote in its occurrence as to have a just bearing on the defendant's liability; or (b) too dependent upon the conduct of another person which was unrelated to the defendant's operation of a motor vehicle or vessel as to have a just bearing on the defendant's liability. d. It shall not be a defense to a prosecution under this section that the decedent contributed to his own death by reckless or negligent conduct or operation of a motor vehicle or vessel. e. Nothing in this section shall be deemed to preclude, if the evidence so warrants, an indictment and conviction for any other offense. L.2017, c.165, s.1.
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