In Minnesota, as well as under federal law, there are several statutes that address the issues surrounding illicit drug poisoning resulting in death, failure to render aid, tampering with evidence, and the application of Good Samaritan laws. Below is a breakdown of the relevant state and federal laws:

Minnesota law has specific statutes that deal with deaths caused by illicit drugs. These can result in criminal charges ranging from manslaughter to murder.

• Key Points: If a person’s actions unintentionally cause the death of another while committing a felony, including the sale of controlled substances, they can be charged with second-degree unintentional murder.
• Relevant Statute: Minn. Stat. § 609.19, Subd. 2:
  • A person who causes the death of another without intent to kill, but while committing a felony, can be charged with second-degree murder.
  • The sale or distribution of illicit drugs that leads to death can be considered a felony, and if the victim dies from the drugs, the individual distributing or administering the drugs may face this charge.

• Key Points: A person may be charged with first-degree manslaughter if they intentionally distribute or administer a controlled substance that results in a death, but without the intent to kill.
• Relevant Statute: Minn. Stat. § 609.20:
  • This statute covers situations where an individual is responsible for another's death as a result of distributing drugs that cause fatal overdoses.

• Key Points: The sale or distribution of controlled substances that leads to a death can also lead to charges under Controlled Substance Crimes.
• Relevant Statute: Minn. Stat. § 152.021:
  • Selling or distributing illegal drugs like heroin, methamphetamine, or fentanyl is a felony offense under this statute. If the distribution of these drugs leads to a death, the individual could face charges related to the controlled substance crime, and if proven, these can be elevated to murder charges due to the resulting fatality.

• Key Points: Under Minnesota law, there is a duty to render aid when a person is involved in a situation where someone is seriously injured or in distress.
• Relevant Statute: Minn. Stat. § 609.662 (Failure to Render Aid):
  • If a person causes harm or injury to someone (including drug poisoning or overdose) and fails to render aid or call 911, they could be charged with failure to render assistance.
  • Specifically, if someone is found to be in immediate danger (such as a drug overdose) and the person fails to assist by calling for help, they could face criminal penalties.

• Key Points: Minnesota’s Good Samaritan law provides legal protection to individuals who seek emergency assistance for someone who is suffering from a drug overdose, even if they themselves are involved in illegal drug use or possession.
• Relevant Statute: Minn. Stat. § 604A.01:
  • Under the Good Samaritan Law, individuals who seek medical assistance for someone experiencing an overdose are immune from prosecution for certain drug-related offenses.
  • This law encourages people to call 911 in case of a drug overdose without the fear of facing criminal charges for minor drug-related offenses.

• Key Points: Tampering with evidence is a crime in Minnesota and involves interfering with an investigation or altering, destroying, or concealing evidence with the intent to prevent its use in an official proceeding.
• Relevant Statute: Minn. Stat. § 609.50:
  • If an individual attempts to destroy or conceal evidence related to a drug overdose death, such as by disposing of drugs or paraphernalia, they can face charges of tampering with evidence.

At the federal level, there are also charges that can apply in cases where illicit drugs lead to death, as well as charges for tampering with evidence.

• Key Points: Under federal law, distributing illicit drugs that result in death can lead to severe criminal charges.
• Relevant Statute: 21 U.S.C. § 841 (Controlled Substances Act):
  • This statute makes it illegal to manufacture, distribute, or possess with intent to distribute a controlled substance.
  • If the distribution of a drug leads to death or serious injury, individuals can face federal charges of drug-induced homicide, which carry severe penalties, including life imprisonment.

• Key Points: Fentanyl is a particularly dangerous opioid, and federal law specifically targets the distribution of fentanyl that leads to death.
• Relevant Statute: 21 U.S.C. § 841(a)(1) and 21 U.S.C. § 841(b)(1)(C):
  • If someone distributes fentanyl or fentanyl-related substances that cause death, they can face federal charges under these sections.
  • Federal prosecutors may seek 20 years to life in prison for those convicted of distributing fentanyl or similar substances that result in a death.

• Key Points: Tampering with evidence is a federal offense under 18 U.S.C. § 1519, and it criminalizes the destruction or concealment of evidence related to a federal investigation.
• Relevant Statute: 18 U.S.C. § 1519:
  • If an individual tampers with evidence related to a drug overdose death, such as hiding drugs or paraphernalia, they can be charged federally under this statute.

There is no federal Good Samaritan law like Minnesota’s, but some states have their own laws, and the federal government encourages reporting drug overdoses and providing assistance in some cases.

• Minnesota:
  
  • Second-Degree Murder (Minn. Stat. § 609.19, Subd. 2)
  • Manslaughter (Minn. Stat. § 609.20)
  • Controlled Substance Crime (Minn. Stat. § 152.021)
  • Failure to Render Aid (Minn. Stat. § 609.662)
  • Good Samaritan Law (Minn. Stat. § 604A.01)
  • Tampering with Evidence (Minn. Stat. § 609.50)
• Federal:
  
  • Drug-Induced Homicide (21 U.S.C. § 841)
  • Fentanyl Distribution Leading to Death (21 U.S.C. § 841(b)(1)(C))
  • Tampering with Evidence (18 U.S.C. § 1519)

These statutes represent the broad legal framework in Minnesota and at the federal level for handling cases where illicit drug use leads to death, including potential charges for failure to render aid, tampering with evidence, and the application of Good Samaritan laws.