§ 5-10-203 — Death by delivery in the first degree

(a) A person commits the offense of death by delivery in the first degree if: (1) He or she knowingly delivers or conveys methamphetamine, heroin, or cocaine to another person; and (2) The injection, ingestion, inhalation, or other introduction of the methamphetamine, heroin, or cocaine, including any adulterants or diluents, is the cause of death of the person. (b) (1) Except as provided in subdivision (b)(2) of this section, death by delivery in the first degree is a Class Y felony. (2) Death by delivery in the first degree is a Class A felony if the defendant proves by a preponderance of the evidence one (1) or more of the following factors: (A) The defendant does not have a prior felony conviction; (B) The defendant played a minor or passive role in the delivery or conveyance of the methamphetamine, heroin, or cocaine; (C) The defendant was unaware of adulterants or diluents in the methamphetamine, heroin, or cocaine that accelerated or contributed to the death of the other person; or (D) The defendant possessed the methamphetamine, heroin, or cocaine for personal use and the conveyance was not part of a transaction for which the defendant obtained income, resources, or benefits.

Legislative History

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