§ 5-10-202 — Aggravated death by delivery

(a) A person commits the offense of aggravated death by delivery if: (1) (A) He or she knowingly delivers or conveys fentanyl to another person; and (B) The injection, ingestion, inhalation, or other introduction of the fentanyl, including any adulterants or diluents, is the cause of death of the other person; or (2) (A) He or she knowingly delivers or conveys fentanyl, methamphetamine, heroin, or cocaine to a minor; and (B) The injection, ingestion, inhalation, or other introduction of the fentanyl, methamphetamine, heroin, or cocaine, including any adulterants or diluents, causes the death of the minor. (b) (1) A person who commits the offense of aggravated death by delivery under subdivision (a)(1) of this section upon conviction is guilty of an unclassified felony and shall be sentenced to a term of imprisonment of no less than twenty (20) years nor more than sixty (60) years, or life. (2) (A) Except as provided in subdivision (b)(2)(B) of this section, a person who commits the offense of aggravated death by delivery under subdivision (a)(2) of this section upon conviction is guilty of an unclassified felony and shall be sentenced to a term of life imprisonment. (B) A person who commits the offense of aggravated death by delivery under subdivision (a)(2) of this section who is less than three (3) years older than the minor whose death was caused upon conviction is guilty of an unclassified felony and shall be sentenced to a term of imprisonment of no less than twenty (20) years nor more than sixty (60) years, or life.

Legislative History

Added by Act 2023, No. 584,§ 2, eff. 4/11/2023.