In Ohio, when illicit drug poisoning results in death, several state statutes and federal laws may apply, particularly concerning drug-induced deaths, failure to render aid, tampering with evidence, and Good Samaritan protections.
Ohio State Laws:
- Involuntary Manslaughter:
- Ohio Revised Code § 2903.04: This statute addresses involuntary manslaughter, which occurs when an individual causes the death of another as a proximate result of committing or attempting to commit a felony. If someone provides illicit drugs that result in another person's death, they may be charged under this statute.
- Failure to Report a Felony:
- Ohio Revised Code § 2921.22: This statute requires individuals who know that a felony has been or is being committed to report such information to law enforcement authorities. Failure to do so is a misdemeanor of the fourth degree.
- Tampering with Evidence:
- Ohio Revised Code § 2921.12: This statute prohibits altering, destroying, concealing, or removing any record, document, or thing with the purpose to impair its value or availability as evidence in an official proceeding or investigation. Tampering with evidence is generally a felony of the third degree.
- Good Samaritan Law:
- Ohio Revised Code § 2925.11(B)(2)(b): Ohio's Good Samaritan law provides immunity from prosecution for minor drug possession offenses for individuals who seek medical assistance during a drug overdose situation. To qualify, medical help must be sought for the overdose (by calling 911 or seeking medical care), and the individual must obtain a treatment screening and referral within 30 days. The law can only be used twice.
Federal Laws:
- Distribution of Controlled Substances Resulting in Death:
- 21 U.S.C. § 841(b)(1)(C): Under federal law, distributing controlled substances that result in death or serious bodily injury carries enhanced penalties, including a mandatory minimum sentence of 20 years to life imprisonment.
- Obstruction of Justice:
- 18 U.S.C. § 1512: This statute addresses tampering with a witness, victim, or informant, including actions that obstruct, influence, or impede any official proceeding. Tampering with evidence at the scene of a drug poisoning death can lead to federal obstruction charges.
Important Considerations:
- Good Samaritan Limitations: While Ohio's Good Samaritan law provides protections for those seeking medical assistance during a drug-related emergency, it does not offer immunity for more serious offenses, such as drug trafficking or evidence tampering.
- Prompt Action: It's crucial to act promptly and responsibly during instances of drug poisoning by seeking immediate medical assistance. This not only helps save lives but also ensures compliance with legal obligations.