Death By Delivery Charge Is Rare, But Not Unheard Of

The charge of drug delivery resulting in death is not commonly seen. While the charge is rare, it is not unheard of and has Bucks County roots.

In 2011, State Representative Bernie O’Neill of Bucks County’s 29th legislative district pushed through an amendment in Harrisburg that deals with drug delivery resulting in death.

The change, according to a 2011 press release put out by O’Neill’s office, “gives law enforcement a stronger tool to prosecute drug dealers by changing the Pennsylvania Criminal Code to classify ‘drug delivery resulting in death’ as a first-degree felony.”

As the law currently stands, there is no need by the prosecuting body to prove intent of malice on the part of the deliverer or dealer in order to charge said body with a first-degree felony.

Whenever a drug delivery results in an overdose or death, the party responsible for the delivery of the drugs that killed the victim would be held responsible for the death of the victim.

The law is a first-degree felony that is punishable by up to 40 years in prison.

Although the requirements to charge a person with such an offense have lessened, the charge is rare, and difficult to prosecute. Only a handful of convictions have resulted from the charge.

Assistant District Attorney Matt Weintraub weighed in on the ease of prosecutors in prosecuting defendants. “Now we need only to prove that drugs were knowingly delivered. We still need to prove that the delivered drugs were the drugs that killed. Sometimes it’s hard to establish that chain.”

The change in legislation, targeting drug dealers, has the potential to snag regular users and sharers as well. “We are trying to catch and convict drug dealers, especially those in deadly drugs. Occasionally users can be ensnared. We intend to have a zero tolerance here,” said Weintraub

At the time of the signing, O’Neill said, “Illegal drugs have destroyed the lives of too many young people and their families. This new law makes it very clear to drug dealers that if they continue to sell drugs to our children, they will face serious consequences.”

While the legislation makes prosecution easier, Weintraub is optimistic regarding the future success of the legislation, “It definitely makes it easier for us to prosecute, but the only way to eliminate the drug delivery resulting in death is the elimination of the drugs all together, so we need to make use of the tools within our arsenal, and I think this is a pretty good one.”