Transportation Code · §49.08

Intoxication Manslaughter

By accident or mistake, while operating a motor vehicle/aircraft/watercraft/amusement ride in a public place by reason of intoxication, causes the death of another.

To prove this offense, the State must establish each of the following elements: By accident or mistake while intoxicated; Operating motor vehicle/aircraft/watercraft/amusement ride; Causes the death of another; 2nd degree felony (1st degree if victim is on-duty peace officer/firefighter/EMS).

The base classification is 2nd degree felony, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.

Elements you must prove

  • By accident or mistake while intoxicated
  • Operating motor vehicle/aircraft/watercraft/amusement ride
  • Causes the death of another
  • 2nd degree felony (1st degree if victim is on-duty peace officer/firefighter/EMS)
Texas Law — Charge Details
2nd Degree → 1st Degree Felony
Offense
Intoxication Manslaughter
Statute
Tex. Penal Code §49.08
Classification
2nd degree felony

By accident or mistake, while operating a motor vehicle/aircraft/watercraft/amusement ride in a public place by reason of intoxication, causes the death of another.

Potential Penalty Enhancements
If this condition applies…Charge escalates toStatute
Victim is peace officer/firefighter/EMS on duty1st degree felony§49.08(c)

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Worked examples

Worked example 1

Intoxication Manslaughter (§49.08) is what level of felony?

  1. State jail felony
  2. 3rd degree felony
  3. 2nd degree felony Correct
  4. 1st degree felony
Why: Intoxication Manslaughter is a 2nd degree felony (1st degree if victim is a peace officer/firefighter/EMS in the discharge of duties).
Statute: Tex. Penal Code §49.08