Indiana Code Title 35. Criminal Law and Procedure § 35-42-1-1.5

Sec. 1.5 . (a) A person who knowingly or intentionally manufactures or delivers a controlled substance or controlled substance analog, in violation of:

(1)  IC 35-48-4-1 (dealing in cocaine or a narcotic drug);

(2)  IC 35-48-4-1.1 (dealing in methamphetamine);

(3)  IC 35-48-4-1.2 (manufacturing methamphetamine);  or

(4)  IC 35-48-4-2 (dealing in a schedule I, II, or III controlled substance);

that, when the controlled substance is used, injected, inhaled, absorbed, or ingested, results in the death of a human being who used the controlled substance, commits dealing in a controlled substance resulting in death, a Level 1 felony.

(b) A person who knowingly or intentionally manufactures or delivers a controlled substance, in violation of IC 35-48-4-3 , that, when the controlled substance is used, injected, inhaled, absorbed, or ingested, results in the death of a human being who used the controlled substance, commits dealing in a controlled substance resulting in death, a Level 2 felony.

(c) A person who knowingly or intentionally manufactures or delivers a controlled substance, in violation of IC 35-48-4-4 , an offense under IC 35-48-4 involving a synthetic drug (as defined in IC 35-31.5-2-321 ), a synthetic drug lookalike substance (as defined in IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled substance analog (as defined in IC 35-48-1-9.3 ), or a substance represented to be a controlled substance (as described in IC 35-48-4-4.6 ), that, when the controlled substance is used, injected, inhaled, absorbed, or ingested, results in the death of a human being who used the controlled substance, commits dealing in a controlled substance resulting in death, a Level 3 felony.

(d) It is not a defense to an offense described in this section that the human being died:

(1) after voluntarily using, injecting, inhaling, absorbing, or ingesting a controlled substance or controlled substance analog;  or

(2) as a result of using the controlled substance or controlled substance analog in combination with alcohol or another controlled substance or with any other compound, mixture, diluent, or substance.


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