Automobile homicide involving a handheld wireless communication device while driving

(1) (a) As used in this section: (i) "Criminally negligent" means the same as that term is described in Subsection 76-2-103(4). (ii) "Motor vehicle" means any self-propelled vehicle, including an automobile, truck, van, motorcycle, train, engine, watercraft, or aircraft. (iii) "Negligent" means the failure to exercise the degree of care that a reasonable and prudent person exercises under similar circumstances. (iv) "Wireless communication device" means the same as that term is defined in Section 41-6a-1716. (b) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits automobile homicide if the actor: (a) operates a moving motor vehicle in a negligent manner; (b) while using a wireless communication device in violation of Section 41-6a-1716; and (c) causes the death of another individual. (3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a third degree felony. (b) A violation of Subsection (2) is a second degree felony if the actor operated the moving motor vehicle in a criminally negligent manner.