General Assembly Creates New Crime of Death by Distribution

Back in 2017, I wrote about murder charges premised on the unlawful distribution of drugs and what the State must prove to establish a defendant’s guilt. One element the State must prove is malice. This legislative session the General Assembly created two new crimes penalizing the distribution of certain drugs resulting in a person’s death: death by distribution and aggravated death by distribution. S.L. 2019-83 (H 474). A distinguishing feature of the new crimes is that they require no proof of malice. Death by distribution. New G.S. 14-18.4(b) creates the new offense of death by distribution of certain controlled substances. A person commits this offense if the following elements are satisfied: The person unlawfully sells at least one “certain controlled substance;” The ingestion of the certain controlled substance or substances causes the death of the user; The sale of the certain controlled substance is the proximate cause of the victim’s death; and The person did not act with malice. A “certain controlled substance” is any of the following: Any opium, opiate, or opioid; Any synthetic or natural salt, compound, derivative, or preparation of opium, opiate, or opioid; Cocaine or any other substance described in G.S. 90-90(1)(d); Methamphetamine; A depressant described in G.S.90-92(a)(1); or A mixture of one or more of these substances. Aggravated death by distribution. New G.S. 14-18.4(c) creates the new offense of aggravated death by distribution. A person commits this offense if he or she commits death by distribution and has a qualifying previous conviction under any of the [...]