306.111. Negligent operation of a vessel, penalty--operating a vessel while intoxicated, penalty--involuntary manslaughter with a vessel, penalty--assault with a vessel, penalty--intoxicated condition

Negligent operation of a vessel, penalty--operating a vessel whileintoxicated, penalty--involuntary manslaughter with a vessel,penalty--assault with a vessel, penalty--intoxicated conditiondefined.

306.111. 1. A person commits the crime of negligent operation of avessel if when operating a vessel he or she acts with criminal negligence,as defined in subsection 5 of section 562.016, RSMo, to cause physicalinjury to any other person or damage to the property of any other person.A person convicted of negligent operation of a vessel is guilty of a classB misdemeanor upon conviction for the first violation, guilty of a class Amisdemeanor upon conviction for the second violation, and guilty of a classD felony for conviction for the third and subsequent violations.

2. A person commits the crime of operating a vessel while intoxicatedif he or she operates a vessel on the Mississippi River, Missouri River orthe lakes of this state while in an intoxicated condition. Operating avessel while intoxicated is a class B misdemeanor.

3. A person commits the crime of involuntary manslaughter with avessel if, while in an intoxicated condition, he or she operates any vesseland, when so operating, acts with criminal negligence to cause the death ofany person. Involuntary manslaughter with a vessel is a class C felony.

4. A person commits the crime of assault with a vessel in the seconddegree if, while in an intoxicated condition, he or she operates any vesseland, when so operating, acts with criminal negligence to cause physicalinjury to any other person. Assault with a vessel in the second degree isa class D felony.

5. For purposes of this section, a person is in an intoxicatedcondition when he or she is under the influence of alcohol, a controlledsubstance or drug, or any combination thereof.

(L. 1993 S.B. 167, A.L. 2008 H.B. 1715)