Delaware Code
Subchapter IV. Offenses and Penalties
§ 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.

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