Indiana criminal charge
Dealing in a controlled substance resulting in death in Indiana
Dealing in a controlled substance resulting in death is a criminal offense under Indiana law, defined by Ind. Code § 35-42-1-1.5. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-42-1-1.5.
What is the penalty for dealing in a controlled substance resulting in death in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 20 years to 40 years (Dealing resulting in death — cocaine, narcotic, methamphetamine, or schedule I/II/III substance — Applies when the person manufactures or delivers a controlled substance in violation of IC 35-48-4-1, 35-48-4-1.1, 35-48-4-1.2, or 35-48-4-2 and use of that substance results in the death of the user.; fixed term; advisory sentence 30 years; certain Level 1 felony child molesting offenses carry 20–50 years (IC 35-50-2-4(c))) | presumptive | Ind. Code § 35-50-2-4 |
| Fine | up to $10,000 (Dealing resulting in death — cocaine, narcotic, methamphetamine, or schedule I/II/III substance — Applies when the person manufactures or delivers a controlled substance in violation of IC 35-48-4-1, 35-48-4-1.1, 35-48-4-1.2, or 35-48-4-2 and use of that substance results in the death of the user.) | discretionary | Ind. Code § 35-50-2-4 |
| Jail / prison | 10 years to 30 years (Dealing resulting in death — schedule IV controlled substance — Applies when the person manufactures or delivers a controlled substance in violation of IC 35-48-4-3 (schedule IV) and use of that substance results in the death of the user.; fixed term; advisory sentence 17 1/2 years) | presumptive | Ind. Code § 35-50-2-4.5 |
| Fine | up to $10,000 (Dealing resulting in death — schedule IV controlled substance — Applies when the person manufactures or delivers a controlled substance in violation of IC 35-48-4-3 (schedule IV) and use of that substance results in the death of the user.) | discretionary | Ind. Code § 35-50-2-4.5 |
| Jail / prison | 3 years to 16 years (Dealing resulting in death — schedule V, synthetic drug, lookalike substance, analog, or represented substance — Applies when the person manufactures or delivers a controlled substance in violation of IC 35-48-4-4, or an offense involving a synthetic drug, synthetic drug lookalike substance, controlled substance analog, or a substance represented to be a controlled substance, and use of that substance results in the death of the user.; fixed term; advisory sentence 9 years) | presumptive | Ind. Code § 35-50-2-5 |
| Fine | up to $10,000 (Dealing resulting in death — schedule V, synthetic drug, lookalike substance, analog, or represented substance — Applies when the person manufactures or delivers a controlled substance in violation of IC 35-48-4-4, or an offense involving a synthetic drug, synthetic drug lookalike substance, controlled substance analog, or a substance represented to be a controlled substance, and use of that substance results in the death of the user.) | discretionary | Ind. Code § 35-50-2-5 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is dealing in a controlled substance resulting in death classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Dealing resulting in death — cocaine, narcotic, methamphetamine, or schedule I/II/III substance | Level 1 Felony | Applies when the person manufactures or delivers a controlled substance in violation of IC 35-48-4-1, 35-48-4-1.1, 35-48-4-1.2, or 35-48-4-2 and use of that substance results in the death of the user. | Ind. Code § 35-42-1-1.5(a) |
| Dealing resulting in death — schedule IV controlled substance | Level 2 Felony | Applies when the person manufactures or delivers a controlled substance in violation of IC 35-48-4-3 (schedule IV) and use of that substance results in the death of the user. | Ind. Code § 35-42-1-1.5(b) |
| Dealing resulting in death — schedule V, synthetic drug, lookalike substance, analog, or represented substance | Level 3 Felony | Applies when the person manufactures or delivers a controlled substance in violation of IC 35-48-4-4, or an offense involving a synthetic drug, synthetic drug lookalike substance, controlled substance analog, or a substance represented to be a controlled substance, and use of that substance results in the death of the user. | Ind. Code § 35-42-1-1.5(c) |
Common questions about dealing in a controlled substance resulting in death in Indiana
Is dealing in a controlled substance resulting in death a felony or a misdemeanor in Indiana?
It depends on the circumstances: dealing in a controlled substance resulting in death ranges from a Level 3 Felony to a Level 1 Felony in Indiana under Ind. Code § 35-42-1-1.5.
Dealing resulting in death — cocaine, narcotic, methamphetamine, or schedule I/II/III substance: Level 1 Felony (Ind. Code § 35-42-1-1.5(a)) · Dealing resulting in death — schedule IV controlled substance: Level 2 Felony (Ind. Code § 35-42-1-1.5(b)) · Dealing resulting in death — schedule V, synthetic drug, lookalike substance, analog, or represented substance: Level 3 Felony (Ind. Code § 35-42-1-1.5(c))
What are the penalties for dealing in a controlled substance resulting in death in Indiana?
Penalties for dealing in a controlled substance resulting in death in Indiana depend on how it is classified — from a Level 3 Felony up to a Level 1 Felony — with the ranges set by Ind. Code § 35-50-2-4, Ind. Code § 35-50-2-4.5 and Ind. Code § 35-50-2-5; the full table of ranges by variant is published on this page.
Which Indiana statute covers dealing in a controlled substance resulting in death?
Dealing in a controlled substance resulting in death is governed by Ind. Code § 35-42-1-1.5 (Dealing in a controlled substance resulting in death).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.