If a death occurs from the delivery of illicit drugs, failure to call 911, or concealment of a body, the following state and federal statutes may apply in Maine and nationwide:
State Charges in Maine
- Delivery of Illicit Drugs Resulting in Death:
- Maine Revised Statutes Title 17-A, §208-B: Aggravated Trafficking or Furnishing of Scheduled Drugs
- This statute applies when the distribution of drugs results in a death. The offense is considered aggravated trafficking, carrying enhanced penalties.
- Failure to Call 911:
- Maine Revised Statutes Title 22, §4311: Duty to Report or Provide Aid
- While Maine law does not explicitly criminalize failure to call 911, related statutes such as endangering the welfare of a person or criminal negligence may apply.
- Concealment of a Body:
- Maine Revised Statutes Title 17-A, §751-B: Hindering Apprehension or Prosecution
- This statute criminalizes actions like concealing a body to obstruct justice or prevent the discovery of a crime.
Federal Charges
- Drug-Induced Deaths:
- 21 U.S.C. § 841(b)(1)(C): Drug Trafficking Resulting in Death or Serious Bodily Injury
- If someone distributes a controlled substance, and its use results in death or serious bodily injury, they can face enhanced penalties. This federal statute imposes a mandatory minimum sentence of 20 years to life imprisonment.
- Concealment of a Body:
- 18 U.S.C. § 1519: Destruction, Alteration, or Falsification of Records in Federal Investigations
- Concealing or disposing of a body to obstruct an investigation could be prosecuted under this statute, particularly if a federal investigation is involved.
- Failure to Report:
- 18 U.S.C. § 4: Misprision of Felony
- Failing to report knowledge of a felony, including drug distribution resulting in death, can result in federal charges. This requires active concealment of the crime.
Case-Specific Factors
Prosecutors may choose to charge under state, federal, or both jurisdictions depending on the circumstances, including the type of drugs involved (e.g., fentanyl), the scope of the distribution network, and the concealment of evidence. Federal agencies like the DEA (Drug Enforcement Administration) and the FBI (Federal Bureau of Investigation) often handle these cases when they cross state lines or involve large-scale trafficking.