AN ACT to establish the offense of death or serious injury by reckless boating.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 1 of Chapter 75A of the General Statutes is amended by adding a new section to read:

§ 75A‑10.4.  Death or serious injury by reckless boating.

(a)        Death by Reckless Boating. – A person commits the offense of death by reckless boating if all of the following apply:

(1)        The person unintentionally causes the death of another person while operating a vessel.

(2)        The person was engaged in an offense under G.S. 75A‑10(a) for recklessly operating a vessel.

(3)        The person was not engaged in the offense of impaired boating under G.S. 75A‑10(b1).

(4)        The commission of the offense in subdivision (2) of this subsection is the proximate cause of the death.

(b)        Serious Injury by Reckless Boating. – A person commits the offense of serious injury by reckless boating if all of the following apply:

(1)        The person unintentionally causes the serious injury of another person while operating a vessel.

(2)        The person was engaged in an offense under G.S. 75A‑10(a) for recklessly operating a vessel.

(3)        The person was not engaged in the offense of impaired boating under G.S. 75A‑10(b1).

(4)        The commission of the offense in subdivision (2) of this subsection is the proximate cause of the serious injury.

(c)        Aggravated Death by Reckless Boating. – A person commits the offense of aggravated death by reckless boating if all of the following apply:

(1)        The person unintentionally causes the death of another person while operating a vessel.

(2)        The person was engaged in an offense under G.S. 75A‑10(a) for recklessly operating a vessel.

(3)        The person was not engaged in the offense of impaired boating under G.S. 75A‑10(b1).

(4)        The commission of the offense in subdivision (2) of this subsection is the proximate cause of the death.

(5)        The person has a previous conviction under G.S. 75A‑10(a) for recklessly operating a vessel within seven years of the date of the offense.

(d)       Aggravated Serious Injury by Reckless Boating. – A person commits the offense of aggravated serious injury by reckless boating if all of the following apply:

(1)        The person unintentionally causes the serious injury of another person while operating a vessel.

(2)        The person was engaged in an offense under G.S. 75A‑10(a) for recklessly operating a vessel.

(3)        The person was not engaged in the offense of impaired boating under G.S. 75A‑10(b1).

(4)        The commission of the offense in subdivision (2) of this subsection is the proximate cause of the serious injury.

(5)        The person has a previous conviction under G.S. 75A‑10(a) for recklessly operating a vessel within seven years of the date of the offense.

(e)        Punishments. – Unless the conduct is covered under some other provision of law providing greater punishment, the following classifications apply to the offenses set forth in this section:

(1)        Death by reckless boating is a Class A1 misdemeanor.

(2)        Serious injury by reckless boating is a Class 1 misdemeanor.

(3)        Aggravated death by reckless boating is a Class F felony.

(4)        Aggravated serious injury by reckless boating is a Class I felony.

(f)        No Double Prosecutions. – No person who has been placed in jeopardy upon a charge of death by reckless boating may be prosecuted for the offense of manslaughter arising out of the same death; and no person who has been placed in jeopardy upon a charge of manslaughter may be prosecuted for death by reckless boating arising out of the same death.

SECTION 2.  This act becomes effective December 1, 2025, and applies to offenses committed on or after that date.