Under existing law, if the death of a person is proximately caused by a controlled substance which was sold, given, traded or otherwise made available to him or her by another person in certain circumstances, the person who sold, gave or traded or otherwise made the substance available to him or her is guilty of murder. (NRS 453.333) Section 1 of this bill provides that for the purposes of such existing law: (1) the act of unlawfully selling, giving, trading or otherwise making available a controlled substance to another person shall be deemed to be inherently dangerous as a matter of law; and (2) the death of a person to whom a controlled substance has been unlawfully sold, given, traded or otherwise made available shall be deemed to be a natural and probable consequence. Section 1 also defines the term “proximately caused” for the purposes of this provision to mean a natural sequence that produced the death and without which the death would not have occurred. Existing law sets forth certain circumstances in which murder: (1) is of the first degree; and (2) is of the second degree. (NRS 200.030) Section 2 of this bill establishes that, if the death of a person is proximately caused by a controlled substance which was sold, given, traded or otherwise made available to him or her by another person in certain circumstances, the person who sold, gave or traded or otherwise made the substance available to him or her is guilty of: (1) murder of the first degree if the controlled substance is fentanyl, a derivative of fentanyl or any mixture which contains fentanyl or any derivative of fentanyl; or (2) murder of the second degree if the controlled substance is any other controlled substance.

Statutes affected:
As Introduced: 453.333, 200.030
BDR: 453.333, 200.030