North Carolina HB 764: Establish Death by Reckless Boating.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 764

Short Title: Establish Death by Reckless Boating. (Public)
Sponsors: Representatives Logan, Setzer, Carney, and Helfrich (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Rules, Calendar, and Operations of the House
April 7, 2025
*H764-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO ESTABLISH THE OFFENSE OF DEATH OR SERIOUS INJURY BY 2
RECKLESS BOATING. 3
The General Assembly of North Carolina enacts: 4
SECTION 1. Article 1 of Chapter 75A of the General Statutes is amended by adding 5
a new section to read: 6
"§ 75A-10.4. Death or serious injury by reckless boating. 7
(a) Death by Reckless Boating. – A person commits the offense of death by reckless 8
boating if all of the following apply: 9
(1) The person unintentionally causes the death of another person while operating 10
a vessel. 11
(2) The person was engaged in an offense under G.S. 75A-10(a) for recklessly 12
operating a vessel. 13
(3) The person was not engaged in the offense of impaired boating under 14
G.S. 75A-10(b1). 15
(4) The commission of the offense in subdivision (2) of this subsection is the 16
proximate cause of the death. 17
(b) Serious Injury by Reckless Boating. – A person commits the offense of serious injury 18
by reckless boating if all of the following apply: 19
(1) The person unintentionally causes the serious injury of another person while 20
operating a vessel. 21
(2) The person was engaged in an offense under G.S. 75A-10(a) for recklessly 22
operating a vessel. 23
(3) The person was not engaged in the offense of impaired boating under 24
G.S. 75A-10(b1). 25
(4) The commission of the offense in subdivision (2) of this subsection is the 26
proximate cause of the serious injury. 27
(c) Aggravated Death by Reckless Boating. – A person commits the offense of 28
aggravated death by reckless boating if all of the following apply: 29
(1) The person unintentionally causes the death of another person while operating 30
a vessel. 31
(2) The person was engaged in an offense under G.S. 75A-10(a) for recklessly 32
operating a vessel. 33
(3) The person was not engaged in the offense of impaired boating under 34
G.S. 75A-10(b1). 35

General Assembly Of North Carolina Session 2025
Page 2 House Bill 764-First Edition
(4) The commission of the offense in subdivision (2) of this subsection is the 1
proximate cause of the death. 2
(5) The person has a previous conviction under G.S. 75A-10(a) for recklessly 3
operating a vessel within seven years of the date of the offense. 4
(d) Aggravated Serious Injury by Reckless Boating. – A person commits the offense of 5
aggravated serious injury by reckless boating if all of the following apply: 6
(1) The person unintentionally causes the serious injury of another person while 7
operating a vessel. 8
(2) The person was engaged in an offense under G.S. 75A-10(a) for recklessly 9
operating a vessel. 10
(3) The person was not engaged in the offense of impaired boating under 11
G.S. 75A-10(b1). 12
(4) The commission of the offense in subdivision (2) of this subsection is the 13
proximate cause of the serious injury. 14
(5) The person has a previous conviction under G.S. 75A-10(a) for recklessly 15
operating a vessel within seven years of the date of the offense. 16
(e) Punishments. – Unless the conduct is covered under some other provision of law 17
providing greater punishment, the following classifications apply to the offenses set forth in this 18
section: 19
(1) Death by reckless boating is a Class A1 misdemeanor. 20
(2) Serious injury by reckless boating is a Class 1 misdemeanor. 21
(3) Aggravated death by reckless boating is a Class F felony. 22
(4) Aggravated serious injury by reckless boating is a Class I felony. 23
(f) No Double Prosecutions. – No person who has been placed in jeopardy upon a charge 24
of death by reckless boating may be prosecuted for the offense of manslaughter arising out of the 25
same death; and no person who has been placed in jeopardy upon a charge of manslaughter may 26
be prosecuted for death by reckless boating arising out of the same death." 27
SECTION 2. This act becomes effective December 1, 2025, and applies to offenses 28
committed on or after that date. 29