Del. Code tit. 16 § 4752B : HEALTH AND SAFETY — FOOD AND DRUGS — UNIFORM CONTROLLED SUBSTANCES ACT — OFFENSES AND PENALTIES — Drug dealing resulting in death; class b felony

(a) A person is guilty of drug dealing resulting in death when the person delivers a Schedule I or II controlled substance in Tier 1 or greater quantity to another person in violation of this chapter, and said controlled substance thereafter causes the death of another person who uses or consumes it.
(b) It is not a defense to a prosecution under this section that the defendant did not directly deliver the controlled substance to the decedent.
(c) It is an affirmative defense to a prosecution under this section that the defendant made a good faith effort to promptly seek, provide, or obtain emergency medical or law enforcement assistance to another person who was experiencing a medical emergency after using a Schedule I or II controlled substance, and whose death would otherwise form the basis for criminal liability under this section.
(d) Any person who violates subsection (a) of this section is guilty of a class B felony.

16 Del. C. § 4752B

Added by Laws 2015, ch. 330,s 1, eff. 7/21/2016.
SECTIONS