In Tennessee, 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.
Tennessee State Laws:
- Unlawful Distribution Resulting in Death:
- Second Degree Murder (Tennessee Code § 39-13-210): This statute includes causing the death of another through the unlawful distribution or delivery of fentanyl or carfentanil, when these substances alone, or in combination with other controlled substances, are the proximate cause of the user's death.
- Controlled Substance Offenses:
- Manufacture, Delivery, Sale, or Possession with Intent (Tennessee Code § 39-17-417): This statute makes it an offense to knowingly manufacture, deliver, sell, or possess with intent to distribute controlled substances. Penalties vary based on the substance and quantity involved.
- Failure to Render Aid or Call 911:
- Tennessee does not have a specific statute criminalizing the failure to render aid or call 911 in the event of a drug poisoning. However, seeking medical assistance promptly is crucial for the victim's safety and may influence legal outcomes.
- Tampering with Evidence:
- Tampering with or Fabricating Evidence (Tennessee Code § 39-16-503): This statute makes it unlawful to destroy, alter, or conceal evidence with the intent to impair its availability in an investigation or official proceeding. Tampering with evidence is considered a serious offense and can lead to felony charges.
- Good Samaritan Law:
- Immunity from Prosecution When Seeking Medical Assistance for Drug Overdose (Tennessee Code § 63-1-156): Tennessee's Good Samaritan law provides immunity from prosecution for individuals seeking medical assistance for themselves or others experiencing a drug overdose. This immunity applies to the person experiencing the overdose on their first such incident.
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 Tennessee'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. Additionally, the immunity applies only to the individual's first overdose incident.
- 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.