Death by Delivery of Drugs
Arkansas Homicide Defense
In 2023, Arkansas created a new category of homicide offenses called 'Death by Delivery.' These laws make it a crime to knowingly deliver certain controlled substances when the substance causes the recipient's death through injection, ingestion, inhalation, or other use.
The Three Degrees
Death by Delivery of Drugs
Most Serious
Aggravated Death by Delivery
A person commits this offense if they:
-
They knowingly deliver fentanyl to another person and the fentanyl causes that person's death; or
-
They knowingly deliver fentanyl, methamphetamine, heroin, or cocaine to a minor, and the drug causes the minor's death.
Penalty
-
Unclassified felony.
-
Punishable by 20 to 60 years or life in prison.
Most Serious
Death by Delivery — 1st Degree
A person commits this offense if they:
-
They knowingly deliver or convey methamphetamine, heroin, or cocaine to another person; and
-
The use of that substance causes the person's death.
Penalty
Generally a Class Y felony; 10 – 40 years or life in prison.
May be reduced to Class A felony if the defendant proves:
-
No prior felony convictions;
-
A minor or passive role in the delivery;
-
Lack of knowledge about adulterants that contributed to the death; or
-
Possession for personal use rather than profit.
Most Serious
Death by Delivery — 2nd Degree
A person commits this offense if they knowingly deliver:
-
A controlled substance other than fentanyl, meth, heroin, or cocaine; or
-
A counterfeit substance;
Penalty
Generally a Class A felony, 6 - 30 years in prison.
Reduced to Class B felony (mitigating):
-
No prior felony convictions;
-
Minor or passive role in the delivery;
-
Lack of knowledge about adulterants that contributed to the death; or ;
-
Possession for personal use rather than profit.
Elevated to Class Y felony (aggravating):
-
A prior drug-delivery felony conviction;
-
Extreme indifference to human life; or
-
Knowledge that the victim was especially vulnerable, such as being a minor or 60 years or older.
What the State Must Prove
Important features of the law
Knowledge: The prosecution must prove that the defendant knowingly delivered or conveyed the substance.
Causation: The prosecution must also prove that the substance delivered was the cause of death.
Consent is not a defense: The law applies even if the victim voluntarily consumed the drug — Arkansas specifically provides that consensual ingestion is not a defense.
Accomplice liability: Accomplice liability may also apply under the statute.
Short Version
Arkansas's Death by Delivery laws allow prosecutors to charge a person with a homicide offense when they provide illegal drugs that later cause another person's death. The severity of the charge depends largely on:
-
The type of drug involved (fentanyl being treated most severely),
-
The victim's characteristics (such as being a minor),
-
The defendant's criminal history, and
-
The circumstances surrounding the delivery.
These offenses are separate from traditional homicide crimes such as capital murder, first-degree murder, second-degree murder, manslaughter, and negligent homicide, and were added to Arkansas's homicide code in 2023.
Request Consultation
Tell Us What Happened
Every minute matters in a murder investigation. Submit your details, and a member of our team will review your information and contact you as soon as possible.
100% Confidential
Protected by attorney-client privilege from your first message.
Rapid Response
We answer day, night, weekend, and holiday.
No Obligation
Free case review with no pressure to retain.