Purpose: Encourage enforcement of G.S. 14-17(b)(2)
Far too many fail to understand that a person who dies of an overdose is a victim of a crime. Far too many blame the victim because they ‘chose’ to use the drug provided to them while the individual who provided the drug that killed them escapes consequence, responsibility, accountability, and justice.
The fact that a person chooses to purchase a drug is no defense in a charge of selling/delivering a drug. So why should a person not be charged when they deliver drugs that causes a person’s death?
N.C.G.S. 14-17 (b) says:
(b) A murder other than described in subsection (a) of this section or in G.S. 14-23.2 shall be deemed second degree murder. Any person who commits second degree murder shall be punished as a Class B1 felon, except that a person who commits second degree murder shall be punished as a Class B2 felon in either of the following circumstances:
(1) The malice necessary to prove second degree murder is based on an inherently dangerous act or omission, done in such a reckless and wanton manner as to manifest a mind utterly without regard for human life and social duty and deliberately bent on mischief.
(2) The murder is one that was proximately caused by the unlawful distribution of opium or any synthetic or natural salt, compound, derivative, or preparation of opium, or cocaine or other substance described in G.S. 90-90(1)d., or methamphetamine, and the ingestion of such substance caused the death of the user.
Delivering drugs is an illegal act that is a deliberate and malicious act done without regard for human life. Those delivering this poison know people are dying and willfully and deliberately continue to do so knowing someone is going to die.
It’s time our law enforcement agencies and District Attorney’s begin enforcing and prosecuting these cases. If they won’t, we will do everything within our power to ensure those who will prosecute them will be elected.
To join this committee, please contact Alecia Roberts, Committee Chair.