What constitutes the crime of vehicular manslaughter with gross negligence?

California, United States of America


The following excerpt is from People v. Morales, E058125 (Cal. App. 2015):

Penal Code, section 192, subdivision (c)(1), defines the crime of vehicular manslaughter with gross negligence. Pursuant to that section, driving a vehicle in the commission of an unlawful act, not amounting to a felony, and with gross negligence, or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence, constitutes vehicular manslaughter with gross negligence. (See People v. Pike (1988) 197 Cal.App.3d 732, 742.) The offense which constitutes the unlawful act does not need to be an inherently dangerous misdemeanor or infraction. (People v. Wells (1996) 12 Cal.4th 979, 982.)

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