State and Federal Statutes Applicable in Michigan 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 Michigan
- Delivery of Illicit Drugs Resulting in Death:
- Michigan Penal Code § 750.317a: Delivery of Controlled Substances Causing Death
- This statute allows for charges when someone knowingly delivers a controlled substance, and its use results in death. Convictions can result in life imprisonment or any term of years.
- Failure to Call 911:
- Michigan Compiled Laws § 750.81d: Duty to Report or Assist
- While Michigan does not explicitly criminalize failure to call 911, charges such as gross negligence or involuntary manslaughter may apply if failing to act results in harm.
- Concealment of a Body:
- Michigan Penal Code § 750.160: Concealing the Death of an Individual
- Concealing or tampering with a body to hide evidence or avoid prosecution is punishable by up to 5 years in prison and/or a fine of $5,000.
Federal Charges
- Drug-Induced Deaths:
- 21 U.S.C. § 841(b)(1)(C): Drug Trafficking Resulting in Death or Serious Bodily Injury
- This federal statute imposes a mandatory minimum of 20 years to life imprisonment for distributing controlled substances that lead to death or serious bodily injury.
- Concealment of a Body:
- 18 U.S.C. § 1519: Destruction, Alteration, or Falsification of Records in Federal Investigations
- Tampering with evidence, including hiding a body to obstruct a federal investigation, can result in severe penalties.
- Failure to Report:
- 18 U.S.C. § 4: Misprision of Felony
- Individuals who knowingly conceal or fail to report a felony, such as drug delivery resulting in poisoning, may face federal charges.
Important Considerations
- Terminology: These statutes specifically address deaths resulting from drug poisonings, emphasizing accountability for those involved in the delivery of deadly substances.
- Agencies Involved: Federal investigations are often conducted by the DEA (Drug Enforcement Administration) or the FBI, particularly when cases involve drug trafficking or multi-state operations.
- Statute of Limitations: Federal drug-related homicide charges generally have no statute of limitations, ensuring offenders can be prosecuted regardless of the time elapsed.
These statutes reflect the serious legal consequences for delivering illicit drugs, failing to seek emergency assistance, or concealing evidence of a crime.