Section 35-42-1-1.5 - Dealing in a controlled substance resulting in death(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.Amended by P.L. 80-2019,SEC. 16, eff. 7/1/2019.Added by P.L. 198-2018,SEC. 7, eff. 7/1/2018.