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Indiana statute

Ind. Code § 35-42-1-1.5 — Dealing in a controlled substance resulting in death

Current through 2026 Regular Session

Part of Chapter 1: Homicide, Indiana Code.

Criminal charges under this statute

Full text of Ind. Code § 35-42-1-1.5

Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.

Ind. Code § 35-42-1-1.5Primary source, current through the 2026 Regular Session
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 35-48-1.1-8 ), 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.

Official sources

Legal terms used in this section

Questions this section answers

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))

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).

This reference is informational and is not legal advice.