Section 35 Boating While Intoxicated, §577.013

• Library: Missouri Criminal Practice Revision - Drug and Alcohol Offenses 2014

The Original Code provides that “[a] person commits
the crime of operating a vessel while intoxicated if he
or she operates a vessel on the Mississippi River, Missouri River or the lakes of this state while in an intoxicated condition.” Section 306.111 (transferred to §577.025) .
The same section sets out penalties for involuntary manslaughter with a vessel (negligently killing a person while operating a vessel while intoxicated) and second-degree assault with a vessel (negligently injuring a person while operating a vessel while intoxicated). These provisions are repealed under the Revised Code and consolidated under the new offense of BWI. Section 577.013 (new).

The Revised Code provides that a person commits the offense of BWI if that person operates a vessel while in an intoxicated condition. There is no limitation on the type of body of water. The list of penalties, including enhanced penalties for repeat offenders, injuries caused, and other factors, mirrors the penalties provided under DWI. For the most part, these penalties are the same as provided in the Original Code under §306.111 and §306.118 (repealed Jan. 1, 2017) . There are some new factors that result in enhanced penalties, including BWI with a child under the age of 17 years in the vessel, causing serious physical injury, and being a habitual boating offender. Unlike DWI, BWI with a child was not part of second-degree endangering the welfare of a child in the Original Code. Also, negligently causing serious physical injury to another person while BWI now results in a class D felony. There was no enhanced penalty for serious physical injury in the Original Code, only physical injury or death. Serious physical injury is defined in...