Intoxication Manslaughter

Chapter 49 of the Texas Penal Code defines intoxication and alcoholic beverage related offenses.

“Intoxication Manslaughter”, as per § 49.08 of the Texas Penal Code, occurs when a person:

  • operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and
  • is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.

An offense under this section is a felony of the second degree.

Punishment Range

Second Degree Felony

  • Imprisonment in the institutional division for not more than 20 years or less than two years
  • In addition to imprisonment, may receive a fine not to exceed $10,000

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