Defending Drug-Induced Homicide Cases in Illinois

Under Illinois law, if someone delivers drugs to another person who dies as a result of using those drugs, the person who delivered the drugs can be charged with a Class X Felony carrying a mandatory minimum prison sentence of 15 years.

This charge applies even when someone shares drugs with a friend, purchases drugs on someone else’s behalf, or has no intention of causing harm. With fentanyl contaminating much of the illegal drug supply, overdose deaths and drug-induced homicide prosecutions have increased dramatically nationwide.

At Rose Legal Services, we dedicate our practice exclusively to criminal defense in Missouri and Metro East Illinois. Our Belleville office serves clients in the Metro East area and surrounding counties who are facing serious drug charges, including drug-induced homicide. Here’s what someone charged with this offense needs to know.

What is Drug-Induced Homicide in Illinois?

Under 720 ILCS 5/9-3.3, “A person commits drug-induced homicide when he or she violates Section 401 of the Illinois Controlled Substances Act or Section 55 of the Methamphetamine Control and Community Protection Act by unlawfully delivering a controlled substance to another, and any person’s death is caused by the injection, inhalation, absorption, or ingestion of any amount of that controlled substance.”

The statute has three required elements:

1. The defendant unlawfully delivered a controlled substance to another person
2. That person died as a result of using that controlled substance
3. The controlled substance the defendant delivered caused the death

The law does not require proof of intent to kill or even knowledge that death would result. The delivery and resulting death are sufficient for prosecution.

What “Delivery” Means Under Illinois Law

In Illinois, “delivery” doesn’t require a sale or exchange of money. Delivery could include:

• Selling drugs
• Giving drugs away for free
• Sharing drugs with friends
• Providing drugs to someone else

Sharing a portion of drugs that someone else purchased can constitute “delivery” under Illinois law. This is how many drug-induced homicide cases arise: friends sharing drugs, with one person overdosing and dying.

Out-of-State Deliveries That Result in Illinois Deaths

Illinois law also reaches drug deliveries that occur outside Illinois if the death occurs within the state. According to 720 ILCS 5/9-3.3(a-5):

“A person commits drug-induced homicide when he or she violates the law of another jurisdiction, which if the violation had been committed in this State could be charged under Section 401 of the Illinois Controlled Substances Act or Section 55 of the Methamphetamine Control and Community Protection Act, by unlawfully delivering a controlled substance to another, and any person’s death is caused in this State by the injection, inhalation, absorption, or ingestion of any amount of that controlled substance.”

Someone can be prosecuted in Illinois even if they delivered the drugs in Missouri or another state, as long as the death occurred in Illinois.

Penalties for Drug-Induced Homicide in Illinois

Drug-induced homicide is a Class X Felony, the most serious class of felony in Illinois.

Enhanced Mandatory Minimum Sentences

For most drug-induced homicide cases, penalties include:

• Mandatory minimum of 15 years in prison
• Maximum sentence of 30 years
• Extended term of 30 to 60 years in aggravated cases
• No probation available
• At least 85% of sentence must be served before release

The same penalties apply when the delivery occurred outside Illinois, but the death occurred in Illinois, under 720 ILCS § 5/9-3.3(b)(2).

Consecutive Sentences

Furthermore, when someone is charged with drug-induced homicide under 720 ILCS § 5/9-3.3, they will also likely be charged under 720 ILCS § 570/401, which is the standard statute for Delivery of a Controlled Substance. If the controlled substance is methamphetamine, the defendant could also be charged with violation of 720 ILCS § 646/55. These offenses can range from a Class 2 Felony, with a range of punishment of three to seven years in the Department of Corrections, to a Class X Felony, with a range of punishment of six to 30 years in the Department of Corrections, and the sentences could be ordered to run consecutively to any sentence imposed for drug-induced homicide.

Illinois’ Good Samaritan Law Does NOT Protect Against Drug-Induced Homicide

Illinois has a “Good Samaritan” law that provides limited immunity to encourage people to call for help during overdoses. Under 720 ILCS 570/414, people who seek emergency medical assistance for someone experiencing an overdose, or who are experiencing an overdose themselves, receive limited immunity from certain drug possession and paraphernalia charges.

However, 720 ILCS 570/414(e) specifically states:

“Nothing in this Section is intended to interfere with or prevent the investigation, arrest, or prosecution of any person for the delivery or distribution of cannabis, methamphetamine or other controlled substances, drug-induced homicide, or any other crime if the evidence of the violation is not acquired as a result of the person seeking or obtaining emergency medical assistance in the event of an overdose.”

This means calling 911 to report an overdose does not provide immunity from drug-induced homicide charges. Someone who calls for help can still be prosecuted if they delivered the drugs that caused the death.

Defenses to Drug-Induced Homicide Charges

Several defenses may be available depending on the circumstances:

No Delivery Occurred

If the defendant did not actually deliver drugs to the deceased, there is no basis for the charge. This may involve mistaken identity, false accusations, or situations where drugs were obtained without the defendant’s knowledge.

Insufficient Evidence

The prosecution must prove every element beyond a reasonable doubt. If evidence is insufficient to link the defendant to the delivery or to establish causation, charges may be reduced or dismissed.

Constitutional Violations

If law enforcement violated constitutional rights during the investigation, through illegal searches, coerced confessions, or failure to provide Miranda warnings, evidence obtained may be suppressed.

What to Do If Charged with Drug-Induced Homicide in Illinois

If someone has been charged with drug-induced homicide:

1. Remain silent and request an attorney immediately. Do not make statements to law enforcement.
2. Do not discuss the case with anyone except an attorney. Statements to friends, family, or on social media can be used as evidence.
3. Preserve evidence. Text messages, phone records, and witness contact information may support the defense.
4. Contact an experienced criminal defense attorney. Drug-induced homicide carries a mandatory minimum 15-year sentence with no probation.

At Rose Legal Services, drug crimes are one of our most common types of cases, so all of our attorneys are very experienced in handling serious drug charges. Our Belleville office serves clients throughout Metro East Illinois who are facing drug-induced homicide and other serious drug offenses.

We understand that drug-induced homicide cases often involve people who are grieving the loss of a friend or loved one while facing serious criminal charges. We’re here to provide the strongest possible defense.

Drug-Induced Homicide Charges Require Immediate Action

Drug-induced homicide is a Class X Felony in Illinois with a mandatory minimum sentence of 15 years in prison. There is no probation, and defendants must serve at least 85% of their sentence.

If someone has been charged with drug-induced homicide in Illinois, they need experienced legal representation immediately. At Rose Legal Services, we dedicate our practice exclusively to criminal defense in Missouri and Metro East Illinois, and we have extensive experience defending serious drug charges.

Your defense starts with a conversation.