Section 76-5-207.5 - Automobile homicide involving a handheld wireless communication device while driving(1)(a) As used in this section: (i) "Criminally negligent" means the same as that term is described in Subsection 76-2-103(4).(ii) "Motor vehicle" means any self-propelled vehicle, including an automobile, truck, van, motorcycle, train, engine, watercraft, or aircraft.(iii) "Negligent" means the failure to exercise the degree of care that a reasonable and prudent person exercises under similar circumstances.(iv) "Wireless communication device" means the same as that term is defined in Section 41-6a-1716.(b) Terms defined in Section 76-1-101.5 apply to this section.(2) An actor commits automobile homicide if the actor: (a) operates a moving motor vehicle in a negligent manner;(b) while using a wireless communication device in violation of Section 41-6a-1716; and(c) causes the death of another individual.(3)(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a third degree felony.(b) A violation of Subsection (2) is a second degree felony if the actor operated the moving motor vehicle in a criminally negligent manner.Amended by Chapter 111, 2023 General Session ,§ 21, eff. 5/3/2023.Amended by Chapter 181, 2022 General Session ,§ 58, eff. 5/4/2022.Amended by Chapter 426, 2022 General Session ,§ 4, eff. 5/4/2022.Amended by Chapter 193, 2012 General Session ,§ 2, eff. 5/8/2012.Enacted by Chapter 291, 2009 General Session