{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-36.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-36.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-36.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-36.3.html"}],"law_id":66815,"edition_id":1,"section_id":66815,"structure_id":15120,"section_number":"18.2-36.3","catch_line":"Involuntary manslaughter; certain drug offenses","history":"2025, cc. 719, 721.","full_text":"A\n\nAny person who knowingly, intentionally, and feloniously manufactures, sells, or distributes a controlled substance knowing that such controlled substance contains a detectable amount of fentanyl, including its derivatives, isomers, esters, ethers, salts, and salts of isomers, in violation of Article 1 (§ 18.2-247 et seq.) of Chapter 7 and unintentionally causes the death of another person is guilty of involuntary manslaughter if (i) such death results from the use of the controlled substance and (ii) such controlled substance is the proximate cause of the death regardless of the time or place death occurred in relation to the commission of the underlying manufacturing, sale, or distribution of a controlled substance that contains a detectable amount of fentanyl, including its derivatives, isomers, esters, ethers, salts, and salts of isomers.B\n\nIt is not a defense to a prosecution under this section that the decedent contributed to his own death by his knowing or voluntary use of the controlled substance. Venue for a prosecution under this section shall lie in the locality where the manufacturing, sale, or distribution of a controlled substance that contains a detectable amount of fentanyl, including its derivatives, isomers, esters, ethers, salts, and salts of isomers, occurred, where the use of the controlled substance occurred, or where death occurred.C\n\nHowever, if any person proves that he gave or distributed a controlled substance that contains a detectable amount of fentanyl, including its derivatives, isomers, esters, ethers, salts, and salts of isomers, in violation of Article 1 (§ 18.2-247 et seq.) of Chapter 7 only as an accommodation to another individual who is not an inmate in a community correctional facility, local correctional facility, or state correctional facility as defined in § 53.1-1 or in the custody of an employee thereof, and not with intent to profit thereby from any consideration received or expected nor to induce the recipient or intended recipient of the controlled substance to use or become addicted to or dependent upon such controlled substance, he shall not be guilty of involuntary manslaughter but is guilty of an accommodation sale punishable as a Class 6 felony.D\n\nNo person convicted pursuant to this section for conduct described in subsection A shall be subject to a prosecution for a violation of subsection D of § 18.2-46.6 or § 18.2-248.01, 18.2-250, or 18.2-256 for the same transaction or occurrence.","order_by":null,"text":{"0":{"id":242290,"text":"Any person who knowingly, intentionally, and feloniously manufactures, sells, or distributes a controlled substance knowing that such controlled substance contains a detectable amount of fentanyl, including its derivatives, isomers, esters, ethers, salts, and salts of isomers, in violation of Article 1 (§ 18.2-247 et seq.) of Chapter 7 and unintentionally causes the death of another person is guilty of involuntary manslaughter if (i) such death results from the use of the controlled substance and (ii) such controlled substance is the proximate cause of the death regardless of the time or place death occurred in relation to the commission of the underlying manufacturing, sale, or distribution of a controlled substance that contains a detectable amount of fentanyl, including its derivatives, isomers, esters, ethers, salts, and salts of isomers.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":242291,"text":"It is not a defense to a prosecution under this section that the decedent contributed to his own death by his knowing or voluntary use of the controlled substance. Venue for a prosecution under this section shall lie in the locality where the manufacturing, sale, or distribution of a controlled substance that contains a detectable amount of fentanyl, including its derivatives, isomers, esters, ethers, salts, and salts of isomers, occurred, where the use of the controlled substance occurred, or where death occurred.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":242292,"text":"However, if any person proves that he gave or distributed a controlled substance that contains a detectable amount of fentanyl, including its derivatives, isomers, esters, ethers, salts, and salts of isomers, in violation of Article 1 (§ 18.2-247 et seq.) of Chapter 7 only as an accommodation to another individual who is not an inmate in a community correctional facility, local correctional facility, or state correctional facility as defined in § 53.1-1 or in the custody of an employee thereof, and not with intent to profit thereby from any consideration received or expected nor to induce the recipient or intended recipient of the controlled substance to use or become addicted to or dependent upon such controlled substance, he shall not be guilty of involuntary manslaughter but is guilty of an accommodation sale punishable as a Class 6 felony.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":242293,"text":"No person convicted pursuant to this section for conduct described in subsection A shall be subject to a prosecution for a violation of subsection D of § 18.2-46.6 or § 18.2-248.01, 18.2-250, or 18.2-256 for the same transaction or occurrence.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":15120,"edition_id":1,"name":"Homicide","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":13100,"metadata":{},"date_created":"2026-06-26 03:52:17","date_modified":"2026-06-26 03:52:17","permalink":{"id":164765,"object_type":"structure","relational_id":15120,"identifier":"1","token":"18.2\/4\/1","url":"\/18.2\/4\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13100,"edition_id":1,"name":"Crimes Against the Person","identifier":"4","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:44:17","date_modified":"2026-06-26 03:44:17","permalink":{"id":164763,"object_type":"structure","relational_id":13100,"identifier":"4","token":"18.2\/4","url":"\/18.2\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12972,"edition_id":1,"name":"Crimes and Offenses Generally","identifier":"18.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":164139,"object_type":"structure","relational_id":12972,"identifier":"18.2","token":"18.2","url":"\/18.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":77418,"structure_id":15120,"section_number":"18.2-30","catch_line":"Murder and manslaughter declared felonies","url":"\/18.2-30\/","token":"18.2\/4\/1\/18.2-30","metadata":false},{"id":79946,"structure_id":15120,"section_number":"18.2-31","catch_line":"Aggravated murder defined; 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operating a watercraft while under the influence; penalties","url":"\/18.2-36.2\/","token":"18.2\/4\/1\/18.2-36.2","metadata":false},{"id":66815,"structure_id":15120,"section_number":"18.2-36.3","catch_line":"Involuntary manslaughter; certain drug offenses","url":"\/18.2-36.3\/","token":"18.2\/4\/1\/18.2-36.3","metadata":false},{"id":86725,"structure_id":15120,"section_number":"18.2-37","catch_line":"How and where homicide prosecuted and punished if death occur without the Commonwealth","url":"\/18.2-37\/","token":"18.2\/4\/1\/18.2-37","metadata":false},{"id":60034,"structure_id":15120,"section_number":"18.2-37.1","catch_line":"Certain matters not to constitute defenses","url":"\/18.2-37.1\/","token":"18.2\/4\/1\/18.2-37.1","metadata":false}],"previous_section":{"id":71288,"structure_id":15120,"section_number":"18.2-36.2","catch_line":"Involuntary manslaughter; operating a watercraft while under the influence; penalties","url":"\/18.2-36.2\/","token":"18.2\/4\/1\/18.2-36.2","metadata":false},"next_section":{"id":86725,"structure_id":15120,"section_number":"18.2-37","catch_line":"How and where homicide prosecuted and punished if death occur without the Commonwealth","url":"\/18.2-37\/","token":"18.2\/4\/1\/18.2-37","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-36.3\/","history_text":"

This law was first created in 2025. The record of its establishment is cataloged in chapters 719<\/a> and 721<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":71520,"section_number":"18.2-251.03","catch_line":"Arrest and prosecution when experiencing or reporting an overdose or act of sexual violence","order_by":null,"url":"\/18.2-251.03\/"}],"refers_to":[{"id":84070,"section_number":"18.2-247","catch_line":"Use of terms \"controlled substances,\" \"marijuana,\" \"Schedules I, II, III, IV, V, and VI,\" \"imitation controlled substance,\" and \"counterfeit controlled substance\" in Title 18.2","order_by":null,"url":"\/18.2-247\/"},{"id":76843,"section_number":"18.2-248.01","catch_line":"Transporting controlled substances into the Commonwealth; penalty","order_by":null,"url":"\/18.2-248.01\/"},{"id":58255,"section_number":"18.2-250","catch_line":"Possession of controlled substances unlawful","order_by":null,"url":"\/18.2-250\/"},{"id":78614,"section_number":"18.2-256","catch_line":"Conspiracy","order_by":null,"url":"\/18.2-256\/"},{"id":76633,"section_number":"18.2-46.6","catch_line":"Possession, manufacture, distribution, etc., of weapon of terrorism or hoax device prohibited; penalty","order_by":null,"url":"\/18.2-46.6\/"},{"id":85635,"section_number":"53.1-1","catch_line":"Definitions","order_by":null,"url":"\/53.1-1\/"}],"permalink":{"id":164815,"object_type":"law","relational_id":66815,"identifier":"18.2-36.3","token":"18.2\/4\/1\/18.2-36.3","url":"\/18.2-36.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-36.3\/","token":"18.2\/4\/1\/18.2-36.3","dublin_core":{"Title":"Involuntary manslaughter; certain drug offenses","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-36.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person who knowingly, intentionally, and feloniously manufactures, sells, or distributes a controlled substance knowing that such controlled substance contains a detectable amount of fentanyl, including its derivatives, isomers, esters, ethers, salts, and salts of isomers, in violation of Article 1 (§ 18.2-247<\/a> et seq.) of Chapter 7 and unintentionally causes the death of another person is guilty of involuntary manslaughter<\/span> if (i) such death results from the use of the controlled substance and (ii) such controlled substance is the proximate cause of the death regardless of the time or place death occurred in relation to the commission of the underlying manufacturing, sale, or distribution of a controlled substance that contains a detectable amount of fentanyl, including its derivatives, isomers, esters, ethers, salts, and salts of isomers. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> It is not a defense to a prosecution<\/span> under this section that the decedent contributed to his own death by his knowing or voluntary use of the controlled substance. Venue<\/span> for a prosecution<\/span> under this section shall lie in the locality where the manufacturing, sale, or distribution of a controlled substance that contains a detectable amount of fentanyl, including its derivatives, isomers, esters, ethers, salts, and salts of isomers, occurred, where the use of the controlled substance occurred, or where death occurred. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> However, if any person proves that he gave or distributed a controlled substance that contains a detectable amount of fentanyl, including its derivatives, isomers, esters, ethers, salts, and salts of isomers, in violation of Article 1 (§ 18.2-247<\/a> et seq.) of Chapter 7 only as an accommodation to another individual who is not an inmate in a community correctional facility, local correctional facility, or state correctional facility as defined in § 53.1-1<\/a> or in the custody<\/span> of an employee thereof, and not with intent<\/span> to profit thereby from any consideration received or expected nor to induce the recipient or intended recipient of the controlled substance to use or become addicted to or dependent upon such controlled substance, he shall not be guilty of involuntary manslaughter<\/span> but is guilty of an accommodation sale punishable as a Class 6 felony<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> No person convicted pursuant to this section for conduct described in subsection A shall be subject to a prosecution<\/span> for a violation of subsection D of § 18.2-46.6<\/a> or § 18.2-248.01<\/a>, 18.2-250<\/a>, or 18.2-256<\/a> for the same transaction or occurrence. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINVOLUNTARY MANSLAUGHTER; CERTAIN DRUG OFFENSES (\u00a7 18.2-36.3)\n\nA. Any person who knowingly, intentionally, and feloniously manufactures, sells,\nor distributes a controlled substance knowing that such controlled substance\ncontains a detectable amount of fentanyl, including its derivatives, isomers,\nesters, ethers, salts, and salts of isomers, in violation of Article 1 (§\n18.2-247 et seq.) of Chapter 7 and unintentionally causes the death of another\nperson is guilty of involuntary manslaughter if (i) such death results from the\nuse of the controlled substance and (ii) such controlled substance is the\nproximate cause of the death regardless of the time or place death occurred in\nrelation to the commission of the underlying manufacturing, sale, or\ndistribution of a controlled substance that contains a detectable amount of\nfentanyl, including its derivatives, isomers, esters, ethers, salts, and salts\nof isomers.\n\nB. It is not a defense to a prosecution under this section that the decedent\ncontributed to his own death by his knowing or voluntary use of the controlled\nsubstance. Venue for a prosecution under this section shall lie in the locality\nwhere the manufacturing, sale, or distribution of a controlled substance that\ncontains a detectable amount of fentanyl, including its derivatives, isomers,\nesters, ethers, salts, and salts of isomers, occurred, where the use of the\ncontrolled substance occurred, or where death occurred.\n\nC. However, if any person proves that he gave or distributed a controlled\nsubstance that contains a detectable amount of fentanyl, including its\nderivatives, isomers, esters, ethers, salts, and salts of isomers, in violation\nof Article 1 (§ 18.2-247 et seq.) of Chapter 7 only as an accommodation to\nanother individual who is not an inmate in a community correctional facility,\nlocal correctional facility, or state correctional facility as defined in §\n53.1-1 or in the custody of an employee thereof, and not with intent to profit\nthereby from any consideration received or expected nor to induce the recipient\nor intended recipient of the controlled substance to use or become addicted to\nor dependent upon such controlled substance, he shall not be guilty of\ninvoluntary manslaughter but is guilty of an accommodation sale punishable as a\nClass 6 felony.\n\nD. No person convicted pursuant to this section for conduct described in\nsubsection A shall be subject to a prosecution for a violation of subsection D\nof § 18.2-46.6 or § 18.2-248.01, 18.2-250, or 18.2-256 for the same\ntransaction or occurrence.\n\nHISTORY: 2025, cc. 719, 721.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}