Go to Previous Versions of this Section
  1. 2025 Delaware Code (here)
  2. 2024 Delaware Code
  3. 2023 Delaware Code
  4. View All Versions

2025 Delaware Code
Title 16 - Health and Safety
Chapter 47. UNIFORM CONTROLLED SUBSTANCES ACT
Subchapter IV. Offenses and Penalties
§ 4752B. Drug dealing — Resulting in death; class B felony.

Universal Citation:
16 DE Code § 4752B (2025)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
Previous Next
§ 4752B. Drug dealing — Resulting in death; class B felony.

(a) A person is guilty of drug dealing resulting in death when the person delivers a Schedule I or II controlled substance in Tier 1 or greater quantity to another person in violation of this chapter, and said controlled substance thereafter causes the death of another person who uses or consumes it.

(b) It is not a defense to a prosecution under this section that the defendant did not directly deliver the controlled substance to the decedent.

(c) It is an affirmative defense to a prosecution under this section that the defendant made a good faith effort to promptly seek, provide, or obtain emergency medical or law-enforcement assistance to another person who was experiencing a medical emergency after using a Schedule I or II controlled substance, and whose death would otherwise form the basis for criminal liability under this section.

(d) Any person who violates subsection (a) of this section is guilty of a class B felony.

80 Del. Laws, c. 330, § 1; 
Previous Next
Disclaimer: These codes may not be the most recent version. Delaware may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.