Ohio § 2903.06

§ 2903.06.

(A) No person, while operating or participating in the operation of a motor vehicle,

motorcycle, utility vehicle, mini-truck, snowmobile, locomotive, watercraft, or aircraft,

shall cause the death of another or the unlawful termination of another's pregnancy

in any of the following ways: (1) As the proximate result of committing an OVI offense. (2) In one of the following ways: (a) Recklessly; (b) As the proximate result of committing, while operating or participating in the operation

of a motor vehicle, utility vehicle, mini-truck, or motorcycle in a construction zone,

a reckless operation offense, provided that this division applies only if the person

whose death is caused or whose pregnancy is unlawfully terminated is in the construction

zone at the time of the offender's commission of the reckless operation offense in

the construction zone and does not apply as described in division (F) of this section. (3) In one of the following ways: (a) Negligently; (b) As the proximate result of committing, while operating or participating in the operation

of a motor vehicle, utility vehicle, mini-truck, or motorcycle in a construction zone,

a speeding offense, provided that this division applies only if the person whose death

is caused or whose pregnancy is unlawfully terminated is in the construction zone

at the time of the offender's commission of the speeding offense in the construction

zone and does not apply as described in division (F) of this section. (4) As the proximate result of committing a violation of any provision of any section

contained in Title XLV of the Revised Code that is a minor misdemeanor or of a municipal

ordinance that, regardless of the penalty set by ordinance for the violation, is substantially

equivalent to any provision of any section contained in Title XLV of the Revised Code

that is a minor misdemeanor. (B)(1) Whoever violates division (A)(1) or (2) of this section is guilty of aggravated vehicular

homicide and shall be punished as provided in divisions (B)(2) and (3) of this section. (2)(a) Except as otherwise provided in division (B)(2)(b), (c), or (d) of this section,

aggravated vehicular homicide committed in violation of division (A)(1) of this section

is a felony of the second degree and the court shall impose a mandatory prison term

on the offender as described in division (E) of this section. (b) Except as otherwise provided in division (B)(2)(c) or (d) of this section, aggravated

vehicular homicide committed in violation of division (A)(1) of this section is a

felony of the first degree, and the court shall impose a mandatory prison term on

the offender as described in division (E) of this section, if any of the following

apply: (i) At the time of the offense, the offender was driving under a suspension or cancellation

imposed under Chapter 4510. or any other provision of the Revised Code or was operating

a motor vehicle or motorcycle, did not have a valid driver's license, commercial driver's

license, temporary instruction permit, probationary license, or nonresident operating

privilege, and was not eligible for renewal of the offender's driver's license or

commercial driver's license without examination under section 4507.10 of the Revised Code . (ii) The offender previously has been convicted of or pleaded guilty to one prior OVI

offense within the previous twenty years. (iii) The offender previously has been convicted of or pleaded guilty to one prior traffic-related

homicide, manslaughter, or assault offense within the previous twenty years. (c) Except as otherwise provided in division (B)(2)(d) of this section, aggravated vehicular

homicide committed in violation of division (A)(1) of this section is a felony of

the first degree, and the court shall sentence the offender to a mandatory prison

term as provided in section 2929.142 of the Revised Code and described in division (E) of this section if any of the following apply: (i) The offender previously has been convicted of or pleaded guilty to two prior OVI

offenses within the previous twenty years. (ii) The offender previously has been convicted of or pleaded guilty to two prior traffic-related

homicide, manslaughter, or assault offenses within the previous twenty years. (iii) The offender previously has been convicted of or pleaded guilty to two prior violations

of any combination of the offenses listed in division (B)(2)(c)(i) and (ii) of this

section within the previous twenty years. (d) Aggravated vehicular homicide committed in violation of division (A)(1) of this section

is a felony of the first degree, and the court shall sentence the offender to a mandatory

prison term as provided in section 2929.142 of the Revised Code and described in division (E) of this section if any of the following apply: (i) The offender previously has been convicted of or pleaded guilty to three or more

prior OVI offenses within the previous twenty years. (ii) The offender previously has been convicted of or pleaded guilty to three or more

prior traffic-related homicide, manslaughter, or assault offenses within the previous

twenty years. (iii) The offender previously has been convicted of or pleaded guilty to three or more

prior violations of any combination of the offenses listed in divisions (B)(2)(d)(i)

and (ii) of this section within the previous twenty years. (e) In addition to any other sanctions imposed pursuant to division (B)(2)(a), (b), (c),

or (d) of this section for aggravated vehicular homicide committed in violation of

division (A)(1) of this section, the court shall impose upon the offender a class

one suspension of the offender's driver's license, commercial driver's license, temporary

instruction permit, probationary license, or nonresident operating privilege as specified

in division (A)(1) of section 4510.02 of the Revised Code . Divisions (A)(1) to (3) of section 4510.54 of the Revised Code apply to a suspension

imposed under division (B)(2)(e) of this section. (f) Notwithstanding section 2929.18 of the Revised Code , and in addition to any other sanctions imposed pursuant to division (B)(2) of this

section for aggravated vehicular homicide committed in violation of division (A)(1)

of this section, the court shall impose upon the offender a fine of not more than

twenty-five thousand dollars. (3) Except as otherwise provided in this division, aggravated vehicular homicide committed

in violation of division (A)(2) of this section is a felony of the third degree.  Aggravated vehicular homicide committed in violation of division (A)(2) of this

section is a felony of the second degree if, at the time of the offense, the offender

was driving under a suspension or cancellation imposed under Chapter 4510. or any

other provision of the Revised Code or was operating a motor vehicle or motorcycle,

did not have a valid driver's license, commercial driver's license, temporary instruction

permit, probationary license, or nonresident operating privilege, and was not eligible

for renewal of the offender's driver's license or commercial driver's license without

examination under section 4507.10 of the Revised Code or if the offender previously has been convicted of or pleaded guilty to a violation

of this section or any traffic-related homicide, manslaughter, or assault offense.  The court shall impose a mandatory prison term on the offender when required by

division (E) of this section. In addition to any other sanctions imposed pursuant to this division for a violation

of division (A)(2) of this section, the court shall impose upon the offender a class

two suspension of the offender's driver's license, commercial driver's license, temporary

instruction permit, probationary license, or nonresident operating privilege from

the range specified in division (A)(2) of section 4510.02 of the Revised Code or, if the offender previously has been convicted of or pleaded guilty to a traffic-related

murder, felonious assault, or attempted murder offense, a class one suspension of

the offender's driver's license, commercial driver's license, temporary instruction

permit, probationary license, or nonresident operating privilege as specified in division

(A)(1) of that section. (C) Whoever violates division (A)(3) of this section is guilty of vehicular homicide.  Except as otherwise provided in this division, vehicular homicide is a misdemeanor

of the first degree.  Vehicular homicide committed in violation of division (A)(3) of this section is

a felony of the fourth degree if, at the time of the offense, the offender was driving

under a suspension or cancellation imposed under Chapter 4510. or any other provision

of the Revised Code or was operating a motor vehicle or motorcycle, did not have a

valid driver's license, commercial driver's license, temporary instruction permit,

probationary license, or nonresident operating privilege, and was not eligible for

renewal of the offender's driver's license or commercial driver's license without

examination under section 4507.10 of the Revised Code or if the offender previously has been convicted of or pleaded guilty to a violation

of this section or any traffic-related homicide, manslaughter, or assault offense.  The court shall impose a mandatory jail term or a mandatory prison term on the offender

when required by division (E) of this section. In addition to any other sanctions imposed pursuant to this division, the court shall

impose upon the offender a class four suspension of the offender's driver's license,

commercial driver's license, temporary instruction permit, probationary license, or

nonresident operating privilege from the range specified in division (A)(4) of section 4510.02 of the Revised Code , or, if the offender previously has been convicted of or pleaded guilty to a violation

of this section or any traffic-related homicide, manslaughter, or assault offense,

a class three suspension of the offender's driver's license, commercial driver's license,

temporary instruction permit, probationary license, or nonresident operating privilege

from the range specified in division (A)(3) of that section, or, if the offender previously

has been convicted of or pleaded guilty to a traffic-related murder, felonious assault,

or attempted murder offense, a class two suspension of the offender's driver's license,

commercial driver's license, temporary instruction permit, probationary license, or

nonresident operating privilege as specified in division (A)(2) of that section. (D) Whoever violates division (A)(4) of this section is guilty of vehicular manslaughter.  Except as otherwise provided in this division, vehicular manslaughter is a misdemeanor

of the second degree.  Vehicular manslaughter is a misdemeanor of the first degree if, at the time of the

offense, the offender was driving under a suspension or cancellation imposed under

Chapter 4510. or any other provision of the Revised Code or was operating a motor

vehicle or motorcycle, did not have a valid driver's license, commercial driver's

license, temporary instruction permit, probationary license, or nonresident operating

privilege, and was not eligible for renewal of the offender's driver's license or

commercial driver's license without examination under section 4507.10 of the Revised Code or if the offender previously has been convicted of or pleaded guilty to a violation

of this section or any traffic-related homicide, manslaughter, or assault offense. In addition to any other sanctions imposed pursuant to this division, the court shall

impose upon the offender a class six suspension of the offender's driver's license,

commercial driver's license, temporary instruction permit, probationary license, or

nonresident operating privilege from the range specified in division (A)(6) of section 4510.02 of the Revised Code or, if the offender previously has been convicted of or pleaded guilty to a violation

of this section, any traffic-related homicide, manslaughter, or assault offense, or

a traffic-related murder, felonious assault, or attempted murder offense, a class

four suspension of the offender's driver's license, commercial driver's license, temporary

instruction permit, probationary license, or nonresident operating privilege from

the range specified in division (A)(4) of that section. (E)(1) The court shall impose a mandatory prison term on an offender who is convicted of

or pleads guilty to a violation of division (A)(1) of this section.  Except as otherwise provided in this division, the mandatory prison term shall be

a definite term from the range of prison terms provided in division (A)(1)(b) of section 2929.14 of the Revised Code for a felony of the first degree or from division (A)(2)(b) of that section for a

felony of the second degree, whichever is applicable, except that if the violation

is committed on or after March 22, 2019, the court shall impose as the minimum prison

term for the offense a mandatory prison term that is one of the minimum terms prescribed

for a felony of the first degree in division (A)(1)(a) of section 2929.14 of the Revised Code or one of the terms prescribed for a felony of the second degree in division (A)(2)(a)

of that section, whichever is applicable.  If division (B)(2)(c) or (d) of this section applies to an offender who is convicted

of or pleads guilty to the violation of division (A)(1) of this section, the court

shall impose the mandatory prison term pursuant to division (A) or (B) of section 2929.142 of the Revised Code , as applicable.  The court shall impose a mandatory jail term of at least fifteen days on an offender

who is convicted of or pleads guilty to a misdemeanor violation of division (A)(3)(b)

of this section and may impose upon the offender a longer jail term as authorized

pursuant to section 2929.24 of the Revised Code . (2) The court shall impose a mandatory prison term on an offender who is convicted of

or pleads guilty to a violation of division (A)(2) or (3)(a) of this section or a

felony violation of division (A)(3)(b) of this section if either division (E)(2)(a)

or (b) of this section applies.  The mandatory prison term shall be a definite term from the range of prison terms

provided in division (A)(3)(a) of section 2929.14 of the Revised Code for a felony of the third degree or from division (A)(4) of that section for a felony

of the fourth degree, whichever is applicable.  The court shall impose a mandatory prison term on an offender in a category described

in this division if either of the following applies: (a) The offender previously has been convicted of or pleaded guilty to a violation of

this section or section 2903.08 of the Revised Code . (b) At the time of the offense, the offender was driving under suspension or cancellation

under Chapter 4510. or any other provision of the Revised Code or was operating a

motor vehicle or motorcycle, did not have a valid driver's license, commercial driver's

license, temporary instruction permit, probationary license, or nonresident operating

privilege, and was not eligible for renewal of the offender's driver's license or

commercial driver's license without examination under section 4507.10 of the Revised Code . (F) Divisions (A)(2)(b) and (3)(b) of this section do not apply in a particular construction

zone unless signs of the type described in section 2903.081 of the Revised Code are erected in that construction zone in accordance with the guidelines and design

specifications established by the director of transportation under section 5501.27 of the Revised Code .  The failure to erect signs of the type described in section 2903.081 of the Revised Code in a particular construction zone in accordance with those guidelines and design

specifications does not limit or affect the application of division (A)(1), (A)(2)(a),

(A)(3)(a), or (A)(4) of this section in that construction zone or the prosecution

of any person who violates any of those divisions in that construction zone. (G)(1) As used in this section: (a) “Mandatory prison term” and “mandatory jail term” have the same meanings as in section 2929.01 of the Revised Code . (b) “ Traffic-related homicide, manslaughter, or assault offense ” means a violation of section 2903.04 of the Revised Code in circumstances in which division (D) of that section applies, a violation of section 2903.06 or 2903.08 of the Revised Code , or a violation of section 2903.06 , 2903.07 , or 2903.08 of the Revised Code as they existed prior to March 23, 2000. (c) “Construction zone” has the same meaning as in section 5501.27 of the Revised Code . (d) “ Reckless operation offense ” means a violation of section 4511.20 of the Revised Code or a municipal ordinance substantially equivalent to section 4511.20 of the Revised Code . (e) “ Speeding offense ” means a violation of section 4511.21 of the Revised Code or a municipal ordinance pertaining to speed. (f) “ Traffic-related murder, felonious assault, or attempted murder offense ” means a violation of section 2903.01 or 2903.02 of the Revised Code in circumstances in which the offender used a motor vehicle as the means to commit

the violation, a violation of division (A)(2) of section 2903.11 of the Revised Code in circumstances in which the deadly weapon used in the commission of the violation

is a motor vehicle, or an attempt to commit aggravated murder or murder in violation

of section 2923.02 of the Revised Code in circumstances in which the offender used a motor vehicle as the means to attempt

to commit the aggravated murder or murder. (g) “Motor vehicle,” “mini-truck,” and “utility vehicle” have the same meanings as in section 4501.01 of the Revised Code . (h) “ OVI offense ” means a violation of division (A) of section 4511.19 of the Revised Code , a violation of division (A) of section 1547.11 of the Revised Code , a violation of division (A)(3) of section 4561.15 of the Revised Code , or a substantially equivalent municipal ordinance. (2) For the purposes of this section, when a penalty or suspension is enhanced because

of a prior or current violation of a specified law or a prior or current specified

offense, the reference to the violation of the specified law or the specified offense

includes any violation of any substantially equivalent municipal ordinance, former

law of this state, or current or former law of another state or the United States.