North Dakota Code 19-03.1-22.6 – Distribution of illegal drugs – Special penalty for death or injury
1. As used in this section:
Attorney's Note
Under the North Dakota Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A felony | up to 20 years | up to $20,000 |
Terms Used In North Dakota Code 19-03.1-22.6
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Individual: means a human being. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
a. “Consume” means to inject, ingest, or inhale a controlled substance.
b. “Controlled substance” includes derivatives or analogs to a scheduled controlled substance.
c. “Injury” means an overdose that puts an individual‘s life at immediate risk.
d. “Supplies” includes delivering, supplying, directing, or willfully assisting another to supply or deliver a controlled substance.
2. An individual is guilty of causing death or injury by distributing a controlled substance if the individual willfully delivers a controlled substance, or supplies another to deliver or consume a controlled substance, and an individual dies or is injured from overdosing after consuming a portion of that controlled substance.
a. A violation of this section is a class A felony.
b. This section does not limit a conviction under chapter 12.1-16, but an individual may not be found guilty of this section and an offense under chapter 12.1-16 if the conduct arises out of the same course of conduct.
3. Venue for an offense under this section is in the county where the death or injury occurred or any county where the controlled substance was directly or indirectly obtained by the deceased or injured individual.
a. An individual may not be convicted in more than one county for the death or injury of the same individual who overdosed on a controlled substance.
b. Notwithstanding chapter 29-03, an individual outside the state may be prosecuted within the state under this section.
c. The charging document for a violation of this section must list an overt act in which the individual engaged to violate this section.
d. Injury or death by an overdose may be proven by direct or circumstantial evidence.
4. An individual may not be charged under this section if the individual supplied or administered a controlled substance as part of a medical procedure or the individual was in a lawful position to dispense a medication prescription.
a. An individual may not be charged under this section if the individual complied with section 19-3.1-23.4.
b. It is not a defense to this section that the deceased or injured individual had other controlled substances or alcohol in the individual’s system which the defendant did not supply at the time of an overdose.