Homicide by vehicle under lawful use is a valid charge.

• A. True
• B. False
• C. Cannot be determined
• D. Not applicable

Answer: (B)

Homicide by vehicle depends on how the vehicle was operated. The charge is tied to unlawful or negligent operation that causes a death. If the vehicle is used lawfully—obeying traffic laws, not driving recklessly, and no intent to kill—there isn’t the culpable mental state or conduct needed for a homicide-by-vehicle charge. So stating that homicide by vehicle under lawful use is a valid charge isn’t correct. If death occurs despite lawful operation, there may be no criminal charge, or there could be a different charge such as negligent homicide or involuntary manslaughter if negligence is present, depending on the jurisdiction.