22.0706 Homicide by vehicle-Penalty.

Cite as [A.S.C.A. § 22.0706]

Whoever unlawfully and unintentionally causes the death of another person while engaged in a violation of any law applying to the operation or use of a vehicle or to the regulation of traffic shall be guilty of homicide when such violation is the proximate cause of the death. Any person convicted of homicide by vehicle shall be fined not more than $5,000, or imprisoned not more than 5 years, or both.

History: 1972, PL 12-65 § 1.

Case Notes:

“Proximate cause” proven if regulation violated by defendant was designed to prevent the very harm which occurred and the violation was a substantial factor in bringing about the accident. A.S.G. v. Sale Uo, 4 A.S.R. 2d 14(1987).

“proximate cause” within the meaning of homicide by vehicle statute is proven if the traffic regulation violated by the defendant was designed to prevent the sort of harm that actually occurred and the violation was a substantial factor in bringing about the accident. A.S.C.A. § 22.0706. American Samoa Government v. Sale Uo, 4 A.S.R.2d 14 (1987).