(a)As used in this Code section, the term:
(1)"Controlled substance" shall have the same meaning as set forth in Code Section 16-13-21 but shall not include marijuana as defined by such Code section.
(2)"Fentanyl" means any substance included under paragraph (13) of Code Section 16-13-25 or subparagraph (F) of paragraph (2) of Code Section 16-13-26 .
(3)"Fentanyl overdose death" shall mean a death for which the toxic effect of fentanyl was either the sole cause of death or contributed to the cause of death of the human being.
(4)"Selling" means to deliver goods for something of value and shall include distributing such goods with an agreement, express or implied, to be compensated with money at a later date.
(b)A person commits the offense of aggravated involuntary manslaughter when
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(a) As used in this Code section, the term: (1) "Controlled substance" shall have the same meaning as set forth in Code Section 16-13-21 but shall not include marijuana as defined by such Code section. (2) "Fentanyl" means any substance included under paragraph (13) of Code Section 16-13-25 or subparagraph (F) of paragraph (2) of Code Section 16-13-26 . (3) "Fentanyl overdose death" shall mean a death for which the toxic effect of fentanyl was either the sole cause of death or contributed to the cause of death of the human being. (4) "Selling" means to deliver goods for something of value and shall include distributing such goods with an agreement, express or implied, to be compensated with money at a later date. (b) A person commits the offense of aggravated involuntary manslaughter when he or she causes the fentanyl overdose death of another human being, without the intent to cause the death of said human being, by intentionally manufacturing or selling any substance that contains fentanyl, after representing that such substance was any controlled substance. (c) A person who commits the offense of aggravated involuntary manslaughter shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for a term of not less than 10 years nor more than 30 years or life imprisonment. (d) The offense of aggravated involuntary manslaughter shall be considered a separate offense and shall not merge with any other offense. (e) This Code section shall not apply to any manufacturing or selling of a controlled substance that is authorized in Article 2 of Chapter 13 of Title 16, the "Georgia Controlled Substances Act." (f) For purposes of any criminal prosecution of violations of this Code section, the defendant's knowledge of the chemical identity of the substance manufactured or sold shall not be an essential element of the offense, and the state shall not have the burden of proving that a defendant knew the chemical identity of such substance in order to be convicted of an offense under this Code section.