New Jersey § 2c:11-5

§ 2c:11-5.

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.