H.B. 250
GENERAL ASSEMBLY OF NORTH CAROLINA
Mar 1, 2023
SESSION 2023 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH10112-ML-63
Short Title: Death by Distribution Revisions. (Public)
Sponsors: Representative Arp.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO MODIFY THE OFFENSE OF DEATH BY DISTRIBUTION TO INCLUDE THE
3 UNLAWFUL DELIVERY AND INGESTION OF CERTAIN CONTROLLED
4 SUBSTANCES THAT PROXIMATELY CAUSES THE DEATH OF A PERSON AND TO
5 INCREASE THE PUNISHMENTS FOR A PERSON WHO COMMITS THE OFFENSE
6 OF DEATH BY DISTRIBUTION.
7 The General Assembly of North Carolina enacts:
8 SECTION 1. G.S. 14-17 reads as rewritten:
9 "§ 14-17. Murder in the first and second degree defined; punishment.
10 …
11 (a1) If a murder was perpetrated with malice as described in subdivision (1) of subsection
12 (b) of this section, and committed against a spouse, former spouse, a person with whom the
13 defendant lives or has lived as if married, a person with whom the defendant is or has been in a
14 dating relationship as defined in G.S. 50B-1(b)(6), or a person with whom the defendant shares
15 a child in common, there shall be a rebuttable presumption that the murder is a "willful,
16 deliberate, and premeditated killing" under subsection (a) of this section and shall be deemed to
17 be murder in the first degree, a Class A felony, if the perpetrator has previously been convicted
18 of one of the following offenses involving the same victim:
19 (1) An act of domestic violence as defined in G.S. 50B-1(a).
20 (2) A violation of a domestic violence protective order under G.S. 50B-4.1(a), (f),
21 (g), or (g1) or G.S. 14-269.8 when the same victim is the subject of the
22 domestic violence protective order.
23 (3) Communicating a threat under G.S. 14-277.1.
24 (4) Stalking as defined in G.S. 14-277.3A.
25 (5) Cyberstalking as defined in G.S. 14-196.3.
26 (6) Domestic criminal trespass as defined in G.S. 14-134.3.
27 (b) A murder other than described in subsection (a) or (a1) of this section or in
28 G.S. 14-23.2 shall be deemed second degree murder. Any person who commits second degree
29 murder shall be punished as a Class B1 felon, except that a person who commits second degree
30 murder shall be punished as a Class B2 felon in either of the following circumstances:
31 (1) The if the malice necessary to prove second degree murder is based on an
32 inherently dangerous act or omission, done in such a reckless and wanton
33 manner as to manifest a mind utterly without regard for human life and social
34 duty and deliberately bent on mischief.
35 (2) The murder is one that was proximately caused by the unlawful distribution
36 of any opium, opiate, or opioid; any synthetic or natural salt, compound,
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 General Assembly Of North Carolina Session 2023
1 derivative, or preparation of opium, or opiate, or opioid; cocaine or other
2 substance described in G.S. 90-90(1)d.; methamphetamine; or a depressant
3 described in G.S. 90-92(a)(1), and the ingestion of such substance caused the
4 death of the user.
5 …."
6 SECTION 2. G.S. 14-18.4 reads as rewritten:
7 "§ 14-18.4. Death by distribution of certain controlled substances; aggravated death by
8 distribution of certain controlled substances; penalties.
9 …
10 (a1) Death by Distribution Through Unlawful Delivery of Certain Controlled Substances.
11 – A person is guilty of death by distribution through unlawful delivery of certain controlled
12 substances if all of the following requirements are met:
13 (1) The person unlawfully delivers at least one certain controlled substance.
14 (2) The ingestion of the certain controlled substance or substances causes the
15 death of the user.
16 (3) The commission of the offense in subdivision (1) of this subsection was the
17 proximate cause of the victim's death.
18 (a2) Death by Distribution Through Unlawful Delivery with Malice of Certain Controlled
19 Substances. – A person is guilty of death by distribution through unlawful delivery with malice
20 of certain controlled substances if all of the following requirements are met:
21 (1) The person unlawfully delivers at least one certain controlled substance.
22 (2) The person acted with malice.
23 (3) The ingestion of the certain controlled substance or substances causes the
24 death of the user.
25 (4) The commission of the offense in subdivision (1) of this subsection was the
26 proximate cause of the victim's death.
27 (b) Death by Distribution Through Unlawful Sale of Certain Controlled Substances. – A
28 person is guilty of death by distribution through unlawful sale of certain controlled substances if
29 all of the following requirements are met:
30 (1) The person unlawfully sells at least one certain controlled substance.
31 (2) The ingestion of the certain controlled substance or substances causes the
32 death of the user.
33 (3) The commission of the offense in subdivision (1) of this subsection was the
34 proximate cause of the victim's death.
35 (4) The person did not act with malice.
36 (c) Aggravated Death by Distribution Through Unlawful Sale of Certain Controlled
37 Substances. – A person is guilty of aggravated death by distribution through unlawful sale of
38 certain controlled substances if all of the following requirements are met:
39 (1) The person unlawfully sells at least one certain controlled substance.
40 (2) The ingestion of the certain controlled substance or substances causes the
41 death of the user.
42 (3) The commission of the offense in subdivision (1) of this subsection was the
43 proximate cause of the victim's death.
44 (4) The person did not act with malice.
45 (5) The person has a previous conviction under this section, G.S. 90-95(a)(1),
46 90-95.1, 90-95.4, 90-95.6, or trafficking in violation of G.S. 90-95(h), or a
47 prior conviction in any federal or state court in the United States that is
48 substantially similar to an offense listed, within seven 10 years of the date of
49 the offense. In calculating the seven-year 10-year period under this
50 subdivision, any period of time during which the person was incarcerated in a
51 local, state, or federal detention center, jail, or prison shall be excluded.
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1 …
2 (e) Lesser Included Offense. – Death by distribution through unlawful sale of certain
3 controlled substances constitutes a lesser included offense of aggravated death by distribution
4 through unlawful sale of certain controlled substances in violation of this section.
5 …
6 (h) Penalties. – Unless the conduct is covered under some other provision of law
7 providing greater punishment, the following classifications apply to the offenses set forth in this
8 section:
9 (1) Death by distribution of certain controlled substances A violation of
10 subsection (a1) of this section is a Class C felony.
11 (1a) A violation of subsection (a2) or (b) of this section is a Class C B2 felony.
12 (2) Aggravated death by distribution of certain controlled substances A violation
13 of subsection (c) of this section is a Class B2 B1 felony."
14 SECTION 3. This act becomes effective December 1, 2023, and applies to offenses
15 committed on or after that date.
DRH10112-ML-63 Page 3


Statutes affected:
Filed: 14-17, 14-18.4
Edition 1: 14-17, 14-18.4
Edition 2: 14-17, 14-18.4, 90-96.2, 130A-389
Edition 3: 130A-382, 130A-385, 130A-389, 7A-498.4, 20-179.3, 20-17.8
Edition 4: 130A-382, 130A-385, 130A-389, 7A-498.4, 20-179.3, 20-17.8
Ratified: 130A-382, 130A-385, 130A-389, 20-179.3, 20-17.8, 117-3, 117-3.1, 115C-517, 90-90, 65-43, 65-43.2
SL 2024-43: 130A-382, 130A-385, 130A-389, 20-179.3, 20-17.8, 117-3, 117-3.1, 115C-517, 90-90, 65-43, 65-43.2