[Felony] Homicide by a Motor Vehicle – G.L. c. 90, § 24G (a)

In order to prove the defendant guilty of [felony] homicide by a motor vehicle, the Commonwealth must prove the following five elements, beyond a reasonable doubt:

1. That the defendant operated a motor vehicle;

2. That he or she operated it on a public way;

3. That he or she operated it while under the influence of intoxicating liquor or drugs;

4. That the defendant operated the vehicle in a manner which is considered “reckless” under the Massachusetts General Laws; or, in a negligent manner so that the lives and safety of the public might have been endangered; and,

5. That the defendant’s actions caused the death of another.

Practice Notes:

In Commonwealth v. Millican, the Supreme Judicial Court found that all prosecutions commenced under § 24G of c. 90 can not be continued without a finding. 449 Mass. 298 (2007). In Commonwealth v. Haley, the Massachusetts Appeals Court found that a defendant convicted of felony vehicular homicide is eligible for parole, furlough, and good conduct deductions, subject to the one-year mandatory imprisonment requirement. 23 Mass. App. Ct. 10, 15-22 (1986).