                                 CODE OF VIRGINIA

INVOLUNTARY MANSLAUGHTER; CERTAIN DRUG OFFENSES (§ 18.2-36.3)

A. 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 (&#xA7;
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. 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.

C. 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 (&#xA7; 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 &#xA7;
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. 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 &#xA7; 18.2-46.6 or &#xA7; 18.2-248.01, 18.2-250, or 18.2-256 for the same
transaction or occurrence.

HISTORY: 2025, cc. 719, 721.