ICJI 709

ICJI 709 VEHICULAR MANSLAUGHTER

In order for the defendant to be guilty of Vehicular Manslaughter, the state must prove each of the following:

1. On or about [date]

2. in the state of Idaho

3. the defendant [name], while operating a motor vehicle committed the unlawful act of [description of misdemeanor or infraction] [driving while under the influence of alcohol]; [and]

[4. the unlawful act was committed with gross negligence; and]

[4][5]. the defendant's operation of the motor vehicle in such unlawful manner was a significant cause contributing to the death of [name of decedent(s)].

You are further instructed that the unlawful act of [insert description of misdemeanor or infraction] [driving while under the influence of alcohol] is committed when all of the following are found to exist:

[Insert elements from statute or other instructions]

If the state has failed to prove any of the above, you must find the defendant not guilty. If you unanimously find that the state has proven each of the above, including each component of the unlawful act of [insert description of misdemeanor or infraction] [driving while under the influence of alcohol] beyond a reasonable doubt, then you must find the defendant guilty of vehicular manslaughter.

Comment

I.C. � 18-4006.

The committee chose to use the term "unlawful act," rather than "crime," in paragraph number 3. An infraction could constitute the offense that gives rise to the vehicular manslaughter charge. Infractions are criminal offenses. State v. Bennion, 112 Idaho 32, 730 P.2d 952 (1986).

This first alternative paragraph number 4 should be used only when the defendant is charged under IC � 18-4006(3)(a). See ICJI 342 for definition of "gross negligence."