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In California, the felony murder rule can apply in cases where a death occurs during the commission of certain felonies, including those involving the delivery of illicit drugs, under specific circumstances. While the state has narrowed its application of felony murder under Senate Bill 1437 (effective January 1, 2019), the rule can still apply if:
While there isn’t a specific statute for drug delivery resulting in death, prosecutors may charge under implied malice murder (second-degree murder) or felony murder if the circumstances meet the legal criteria. Implied malice may apply if the defendant knowingly provided dangerous drugs, recognizing the potential for fatal harm.
For precise applications of these laws, it is critical to consult a qualified attorney or review case law to understand how courts interpret them in drug-related deaths.
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