§ 5-10-204 — Death by delivery in the second degree

(a) A person commits the offense of death by delivery in the second degree if: (1) He or she knowingly delivers or conveys to another person: (A) A controlled substance that is not fentanyl, methamphetamine, heroin, or cocaine; or (B) A counterfeit substance; and (2) The injection, ingestion, inhalation, or other introduction of the controlled substance or counterfeit substance, including any adulterants or diluents, is the cause of death of the person. (b) (1) Except as provided in subdivisions (b)(2) and (b)(3) of this section, death by delivery in the second degree is a Class A felony. (2) Death by delivery in the second degree is a Class B 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 controlled substance or counterfeit substance; (C) The defendant was unaware of adulterants or diluents in the controlled substance or counterfeit substance that accelerated or contributed to the death of the other person; or (D) The defendant possessed the controlled substance or counterfeit substance for personal use and the conveyance was not part of a transaction for which the defendant obtained income, resources, or benefits. (3) Death by delivery in the second degree is a Class Y felony if the state proves beyond a reasonable doubt one (1) or more of the following factors: (A) The defendant has a prior felony conviction for delivery of a controlled substance under the Uniform Controlled Substances Act, § 5-64-401 et seq. or a similar law of another jurisdiction; (B) The defendant manifested extreme indifference to the value of human life during the commission of the offense; or (C) The defendant knew the victim was vulnerable because the victim was a minor, was sixty (60) years of age or older, or was an incompetent person as defined in § 5-64-407 .

Legislative History

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