28-676

28-676. Causing serious physical injury by use of a vehicle; classification

A. A person is guilty of causing serious physical injury by use of a vehicle if all of the following apply:

1. The person is not allowed to operate a motor vehicle pursuant to subsection B of this section.

2. While operating a motor vehicle, the person causes serious physical injury as defined in section 13-105 to another person.

3. The person commits a violation of any of the following:

(a) Section 28-645, subsection A, paragraph 3, subdivision (a).

(b) Section 28-729.

(c) Section 28-771.

(d) Section 28-772.

(e) Section 28-773.

(f) Section 28-792.

(g) Section 28-794.

(h) Section 28-797, subsection F, G, H or I.

(i) Section 28-855, subsection B.

(j) Section 28-857, subsection A.

B. For the purposes of this section, a person shall not operate a motor vehicle if any of the following applies:

1. The person's driving privilege is revoked for any reason.

2. The person's driving privilege is suspended for any reason pursuant to chapter 4, article 3 of this title.

3. The person's driving privilege is suspended pursuant to section 28-1321.

4. The person's driving privilege is suspended pursuant to the department's action based on a previous conviction for a violation of section 28-3473.

5. The person's driving privilege is suspended pursuant to section 28-3306, subsection A, paragraph 3.

6. The person does one of the following to obtain a driver license:

(a) Knowingly uses a false or fictitious name.

(b) Knowingly makes a false statement.

(c) Knowingly conceals a material fact.

(d) Commits fraud.

(e) Violates section 28-3479.

7. The person does not have a valid driver license and a proper endorsement, if required, as prescribed by chapter 8 of this title and the person is not exempt pursuant to chapter 8 of this title.

C. Causing serious physical injury by use of a vehicle is a class 5 felony.