State and Federal Statutes Applicable in Maryland and Nationwide
If a death occurs from the delivery of illicit drugs, failure to call 911, or concealment of a body, the following laws may apply:
State Charges in Maryland
- Delivery of Illicit Drugs Resulting in Death:
- Maryland Criminal Law Code § 5-608.1: Distribution of Controlled Substances Resulting in Death
- This statute allows for charges when someone knowingly distributes a controlled substance, and its use results in a fatality. Convictions can carry penalties of up to 40 years in prison.
- Failure to Call 911:
- Maryland Criminal Law Code § 3-602.2: Duty to Render Assistance
- While Maryland does not have a specific statute criminalizing failure to call 911, this or related charges (e.g., reckless endangerment) may apply depending on the circumstances.
- Concealment of a Body:
- Maryland Criminal Law Code § 9-307: Hindering, Obstruction, or Concealment
- This statute criminalizes acts intended to hinder an investigation or conceal evidence, including tampering with or hiding a body.
Federal Charges
- Drug-Induced Deaths:
- 21 U.S.C. § 841(b)(1)(C): Drug Trafficking Resulting in Death or Serious Bodily Injury
- Federal law imposes severe penalties, including a mandatory minimum of 20 years to life imprisonment, for distributing controlled substances that lead to death or serious injury.
- Concealment of a Body:
- 18 U.S.C. § 1519: Destruction, Alteration, or Falsification of Records in Federal Investigations
- Concealing or tampering with a body to obstruct a federal investigation can result in significant federal penalties.
- Failure to Report:
- 18 U.S.C. § 4: Misprision of Felony
- Federal law penalizes individuals who knowingly conceal or fail to report a felony, such as drug distribution resulting in death.
Important Considerations
- Agencies Involved: Federal cases are often investigated by the DEA (Drug Enforcement Administration) or the FBI (Federal Bureau of Investigation), especially when trafficking crosses state lines or involves large-scale operations.
- Statute of Limitations: Federal drug-related homicide charges generally have no statute of limitations, ensuring offenders can be prosecuted regardless of when the crime occurred.
These charges and penalties underscore the gravity of delivering illicit drugs and attempting to evade responsibility for the resulting harm.