In Hawaii, the following criminal statutes may apply when a death occurs from the delivery of an illicit drug, failure to call 911, or concealment of a body:
- Delivery of a Controlled Substance Resulting in Death: Under Hawaii Revised Statutes (HRS) § 712-1245.5, if a person knowingly or recklessly delivers an illicit drug that results in death, they can be charged with Murder in the Second Degree or Negligent Homicide, depending on the circumstances of the case.
- Failure to Render Aid: Under HRS § 707-712, failure to call 911 or render aid to someone in distress could lead to charges of Reckless Endangerment or Criminal Negligence, especially if the failure to act contributed to the death.
- Concealment of a Body: Under HRS § 710-1010, if a person conceals the death of another or tampers with a corpse, they can be charged with Abuse of a Corpse, which is a felony offense in Hawaii.
These statutes allow for charges related to drug delivery resulting in death, failing to provide assistance, and concealing a death in Hawaii.
Under federal law, any person who unlawfully delivers an illicit drug that results in a death can be charged under the "Len Bias Law", specifically 21 U.S.C. § 841(b)(1) of the Controlled Substances Act. This statute mandates severe penalties for drug distribution that leads to a fatal overdose.
Key Points:
- Statute:
- 21 U.S.C. § 841(b)(1): This provision states that anyone who distributes a Schedule I or II controlled substance, and where death or serious bodily injury results, "shall be sentenced to a term of imprisonment of not less than 20 years or more than life."
- Statute of Limitations:
- The general federal statute of limitations for non-capital offenses is 5 years under 18 U.S.C. § 3282.
- However, offenses resulting in death may qualify as capital offenses (if the death penalty is sought), which have no statute of limitations under 18 U.S.C. § 3281.
- Sentencing:
- Minimum mandatory sentence: 20 years imprisonment.
- Maximum sentence: Life imprisonment.
- Additional fines and supervised release conditions may also apply.
- Agency Responsible for Charges:
- Federal charges are typically brought by the U.S. Department of Justice (DOJ) through:
- U.S. Attorneys’ Offices in the jurisdiction where the offense occurred.
- Investigative support from federal agencies such as the Drug Enforcement Administration (DEA)or the Federal Bureau of Investigation (FBI).
This law provides a nationwide mechanism to hold drug distributors accountable for deaths resulting from their actions. The federal government often collaborates with state and local authorities to investigate and prosecute these cases.