@Patchwork posted...LinksLiege posted...
Patchwork posted...
Ridiculous to charge someone who preys on another person's addiction and sells unregulated, toxic substances to them?
With murder? Yes. Because it isn't murder.
It is.
2502. Murder.
(a) Murder of the first degree.--A criminal homicide constitutes murder of the first degree when it is committed by an intentional killing.
(b) Murder of the second degree.--A criminal homicide constitutes murder of the second degree when it is committed while defendant was engaged as a principal or an accomplice in the perpetration of a felony.
Title 35, 780-113 (a)(30)
(30) Except as authorized by this act, the manufacture, delivery, or possession with intent to manufacture or deliver, a controlled substance by a person not registered under this act, or a practitioner not registered or licensed by the appropriate State board, or knowingly creating, delivering or possessing with intent to deliver, a counterfeit controlled substance.
(f) Any person who violates clause (12), (14) or (30) of subsection (a) with respect to:
(1) A controlled substance or counterfeit substance classified in Schedule I or II2 which is a narcotic drug, is guilty of a felony and upon conviction thereof shall be sentenced to imprisonment ned in and the profits obtained from the illegal activity.
(1.1) Phencyclidine; methamphetamine, including its salts, isomers and salts of isomers; coca3 leaves and any salt, compound, derivative or preparation of coca leaves; any salt, compound, derivative or preparation of the preceding which is chemically equivalent or identical with any of these substances, except decocanized coca leaves or extracts of coca leaves, which extracts do not contain cocaine or ecgonine; and marihuana in a quantity in excess of one thousand (1,000) pounds, is guilty of a felony and upon conviction thereof shall be sentenced to imprisonment not exceeding ten years, or to pay a fine not exceeding one hundred thousand dollars ($100,000), or both, or such larger amount as is sufficient to exhaust the assets utilized in and the profits obtained from the illegal manufacture or distribution of these substances.
(2) Any other controlled substance or counterfeit substance classified in Schedule I, II, or III, is guilty of a felony and upon conviction thereof shall be sentenced to imprisonment not exceeding five years, or to pay a fine not exceeding fifteen thousand dollars ($15,000), or both.
(3) A controlled substance or counterfeit substance classified in Schedule IV, is guilty of a felony and upon conviction thereof shall be sentenced to imprisonment not exceeding three years, or to pay a fine not exceeding ten thousand dollars ($10,000), or both.
Edit: in summation, someone died because of a felony you (dealer) committed, therefore 2nd degree murder is the proper charge.
The murder wasn't committed during a felony. The felony was selling the drug. This did not result in any death. Drug buyer went home and OD'd. No death occurred during the act of a felony. Those laws are put in place in cases of a botched robbery (a felony) resulting in someone's death you nimrod. Hence the language: a homicide WHILE the commission of a felony.
MrPeppers posted...Lol show me a casual fentanyl user
I wouldn't be too surprised, but this guy may not have knowingly consumed fentanyl. It is often laced in heroin or even sometimes in pills pressed as oxycodone or whatever pharmaceutical opioid
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David Mink. Hero.
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