(a) In this section, “vehicle” includes a motor vehicle, streetcar, locomotive, engine, and train.
(b) A person may not cause the death of another as the result of the person's driving, operating, or controlling a vehicle or vessel in a criminally negligent manner.
(c) For purposes of this section, a person acts in a criminally negligent manner with respect to a result or a circumstance when:
(1) the person should be aware, but fails to perceive, that the person's conduct creates a substantial and unjustifiable risk that such a result will occur; and
(2) the failure to perceive constitutes a gross deviation from the standard of care that would be exercised by a reasonable person.
(d) It is not a violation of this section for a person to cause the death of another as the result of the person's driving, operating, or controlling a vehicle or vessel in a negligent manner.
(e) A violation of this section is criminally negligent manslaughter by vehicle or vessel.
(f)(1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
(2)(i) A person who violates this section, having previously been convicted under this section, § 2-209 , § 2-503 , § 2-504 , § 2-505 , § 2-506 , or § 3-211 of this article, or § 21-902 of the Transportation Article , is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.
(ii) For the purposes of application of subsequent offender penalties under subparagraph (i) of this paragraph, a conviction for a crime committed in another state or federal jurisdiction that, if committed in this State would constitute a violation of this section, § 2-209 , § 2-503 , § 2-504 , § 2-505 , § 2-506 , or § 3-211 of this article, or § 21-902 of the Transportation Article , shall be considered a violation of this section.
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