In Utah, when an 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.

Utah State Laws:

Drug-Induced Homicide:

Proposed Legislation (SB0254S01): In 2023, Utah considered legislation to establish the offense of drug-induced homicide, targeting individuals who distribute controlled substances that result in another person's death. This offense would be classified as a serious felony, reflecting the state's commitment to addressing the opioid crisis.

UTAH STATE LEGISLATURE

Controlled Substance Offenses:

Utah Code § 58-37-8: This statute outlines prohibited acts related to controlled substances, including manufacturing, distributing, or possessing with intent to distribute. Penalties vary based on the substance and offense specifics, with severe consequences for violations leading to serious bodily injury or death. 

UTAH STATE LEGISLATURE

Failure to Render Aid or Call 911:

Utah 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:

Utah Code § 76-8-510.5: This statute makes it an offense to alter, destroy, or conceal any item with the intent to impair its availability in an official proceeding or investigation. Tampering with evidence is considered a serious offense and can lead to felony charges.

Good Samaritan Law:

Utah Code § 76-3-203.11: This statute provides that if an individual seeks medical assistance in good faith for someone experiencing a drug-related emergency, it may be considered a mitigating factor in subsequent prosecutions. However, the law does not grant immunity from arrest or prosecution, and its protections are limited.

UTAH STATE LEGISLATURE

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 Utah's Good Samaritan provisions offer some protections, they are limited and do not provide immunity from arrest or prosecution. It's essential to understand the specific provisions and limitations of this law. 

DOPA

Prompt Action: Acting promptly and responsibly during instances of drug poisoning by seeking immediate medical assistance is crucial. This not only helps save lives but also ensures compliance with legal obligations.