Virginia statute
Va. Code Ann. § 18.2-36.3 — Involuntary manslaughter; certain drug offenses
Current through 2026 Regular Session
Part of Article 1: Homicide, Code of Virginia.
Criminal charges under this statute
Full text of Va. Code Ann. § 18.2-36.3
Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.
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 (§ 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 (§ 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. 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.
Official sources
Legal terms used in this section
Questions this section answers
Is involuntary manslaughter a felony or a misdemeanor in Virginia?
Involuntary manslaughter is a class 6 felony in Virginia under Va. Code Ann. § 18.2-36.3.
Which Virginia statute covers involuntary manslaughter?
Involuntary manslaughter is governed by Va. Code Ann. § 18.2-36.3 (Involuntary manslaughter; certain drug offenses).
This reference is informational and is not legal advice.