Degree

Depending on the facts, automobile homicide involving text messaging or email communication while driving can be charged as a 2^nd or 3^rd degree felony.

Elements

A defendant commits a 3^rd degree felony automobile homicide involving text messaging or email communication while driving when they operate a motor vehicle in a negligent manner causing the death of another and they were using a handheld wireless communication device for text messaging or electronic mail communication.

A defendant commits a 2^nd degree felony automobile homicide involving text messaging or electronic mail communication while driving when they operate a motor vehicle in a criminally negligent manner causing the death of another and they were using a handheld wireless communication device for text messaging or electronic mail communication.

Fine

2^nd degree felony: A fine not to exceed $10,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(a), Utah Code Ann. §51-9-401)
3^rd degree felony: A fine not to exceed $5,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(a)(b), Utah Code Ann. §51-9-401)

Restitution

The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)

Imprisonment

2^nd degree felony: A term of imprisonment not less than 1 year nor more than 15 years.
(Utah Code Ann. §76-3-203(2))
3^rd degree felony: A term of imprisonment not to exceed 5 years.
(Utah Code Ann. §76-3-203(3))

DNA Specimen Analysis

A defendant convicted of automobile homicide involving text messaging or email communication while driving must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))

Firearms

A defendant convicted of automobile homicide involving text messaging or email communication while driving may not posses, use or have control of a firearm or ammunition for life.
(Utah Code Ann. §76-10-503, 18 U.S.C. §921-930)