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Involuntary Manslaughter and Intoxication Manslaughter

Intoxication in an involuntary manslaughter or intoxication manslaughter prosecution has the same definition as in a DWI prosecution.  However, an involuntary manslaughter prosecution was not simply a DWI case resulting in death.  First, DWi is a strict liability offense, whereas involuntary manslaughter required legal recklessness. 

Second, a DWI prosecution requires proof that a motor vehicle was operated in a public place, whereas in an involuntary manslaughter prosecution there was no requirement for the vehicle to have been operated in a public place or on a public roadway.  Rather, any operation of the vehicle sufficed.  Note that the new intoxication manslaughter statute has language requiring that the vehicle be operated in a public place.

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