This dataset examines federal and state statutes that authorize the prosecution of drug-related deaths as criminal killings. Often referred to as drug induced homicide laws, these laws establish criminal liability for individuals who furnish or deliver controlled substances to another individual who dies as a result.
States vary in how they classify these laws (e.g., whether they are classified as murder, manslaughter, or delivery or distribution resulting in death), how they are sentenced, what elements need to be proven, as well as if there is an affirmative defense to prosecution of these laws based on an individual’s good faith efforts to seek emergency assistance in response to an overdose.
This dataset highlights these differences among state drug induced homicide laws. This dataset is longitudinal, capturing laws in effect on January 1, 2018, and valid through May 1, 2024. This dataset includes all 50 U.S. states, the District of Columbia, and the U.S. federal law.Â
These data were updated with support from the Foundation for Opioid Response Efforts (FORE). This dataset was originally co-created with the Action Lab capturing laws in effect on January 1, 2018, and valid through January 1, 2019, and has been updated with their support. The original dataset may be found on PDAPS.org, with the updated data available at LawAtlas.org.