Search

Criminal Defense

Understanding Drug-Induced Homicide Laws

March 1, 2024

handcuffs on a piece of paper that says "homicide"

Illinois law treats drug-induced homicide seriously, with Sharon Lucy's case highlighting the severe consequences of delivering substances like Fentanyl.

Key Takeaways

  • Illinois' drug-induced homicide law under Section 9-3.3 treats the unlawful delivery of a controlled substance resulting in death as a grave Class X felony, underscoring the serious legal consequences of such actions.
  • Sharon Lucy's case in Peoria illustrates the potential for reduced charges through plea agreements in drug-induced homicide cases, highlighting the legal system's negotiation aspects.
  • The legal framework and recent changes aim to address the rise in drug-related deaths by penalizing the delivery of controlled substances that result in fatalities, emphasizing a tough stance on drug-induced homicides.

The legal landscape surrounding drug-related offenses is complex, with consequences that can be life-altering. One such offense that has gained attention in recent cases is drug-induced homicide.  

Drug-Induced Homicide in Illinois: An Overview

Illinois law defines drug-induced homicide under Section 9-3.3 of the Illinois Compiled Statutes. This statute outlines the circumstances under which a person can be charged with this serious offense. Drug-induced homicide occurs when an individual unlawfully delivers a controlled substance to another person, leading to the death of the recipient due to the injection, inhalation, absorption, or ingestion of that substance.

Recent Case: Sharon Lucy's Plea

A recent case in Peoria, Illinois, involving Sharon Lucy, brought the issue of drug-induced homicide to the forefront. Lucy, aged 59, pleaded guilty in Peoria County Circuit Court to delivering Fentanyl, a potent controlled substance, to Angela Price. The tragic outcome was the fatal overdose of Angela Price on August 11, 2022.

Lucy's guilty plea was in exchange for a reduced charge – delivery of a controlled substance, which carries a sentence ranging from four to 15 years in prison. This move saw the more severe charge of drug-induced homicide dropped. The dropped charge could have resulted in a sentence of up to 30 years if Lucy had been convicted.

Understanding the Legal Framework: Section 9-3.3

The statute categorizes drug-induced homicide as a Class X felony, emphasizing its gravity within the criminal justice system. Subsection (a) specifies that the offense occurs when someone unlawfully delivers a controlled substance, violating certain sections of the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act, resulting in the death of another person.

Subsection (a-5) extends the reach of the law to cases where the violation of law occurred in another jurisdiction, but the individual's death takes place within the state of Illinois.

Penalties and Enhanced Sentences

Subsection (b) outlines the penalties associated with drug-induced homicide. While it is a Class X felony, there are enhanced penalties for specific circumstances:

  • If the offense involves violating specific sections of the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act, the defendant faces a mandatory term of imprisonment between 15 to 30 years, or an extended term of 30 to 60 years.
  • Similarly, if the offense involves violating the law of another jurisdiction, with an equivalent charge under Illinois law, the defendant faces similar enhanced penalties.

Navigating the Complexity of Drug-Induced Homicide Laws

The case of Sharon Lucy serves as a poignant reminder of the serious consequences associated with drug-induced homicide charges. Illinois legislators crafted Section 9-3.3 to address the alarming rise in cases where individuals lose their lives due to the actions of those unlawfully delivering controlled substances.

As we await Lucy's sentencing on April 4, it is essential to understand the legal framework surrounding drug-induced homicide. The law's intent is clear: to deter and penalize those responsible for delivering substances that lead to the tragic loss of life. The balance between justice and rehabilitation is delicate, and cases like Lucy's highlight the complexities inherent in navigating the legal landscape surrounding drug offenses.

Sources

Disclaimer: The information provided on this blog is intended for general informational purposes only and should not be construed as legal advice on any subject matter. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. Each individual's legal needs are unique, and these materials may not be applicable to your legal situation. Always seek the advice of a competent attorney with any questions you may have regarding a legal issue. Do not disregard professional legal advice or delay in seeking it because of something you have read on this blog.
 in 
Text Link
 category

Contributors

Written by
Kevin O'Flaherty
Factchecked by
Sign up to our newsletter
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Local Law

Understanding Drug-Induced Homicide Laws

Kevin O'Flaherty
March 1, 2024
handcuffs on a piece of paper that says "homicide"

Key Takeaways

  • Illinois' drug-induced homicide law under Section 9-3.3 treats the unlawful delivery of a controlled substance resulting in death as a grave Class X felony, underscoring the serious legal consequences of such actions.
  • Sharon Lucy's case in Peoria illustrates the potential for reduced charges through plea agreements in drug-induced homicide cases, highlighting the legal system's negotiation aspects.
  • The legal framework and recent changes aim to address the rise in drug-related deaths by penalizing the delivery of controlled substances that result in fatalities, emphasizing a tough stance on drug-induced homicides.

The legal landscape surrounding drug-related offenses is complex, with consequences that can be life-altering. One such offense that has gained attention in recent cases is drug-induced homicide.  

Drug-Induced Homicide in Illinois: An Overview

Illinois law defines drug-induced homicide under Section 9-3.3 of the Illinois Compiled Statutes. This statute outlines the circumstances under which a person can be charged with this serious offense. Drug-induced homicide occurs when an individual unlawfully delivers a controlled substance to another person, leading to the death of the recipient due to the injection, inhalation, absorption, or ingestion of that substance.

Recent Case: Sharon Lucy's Plea

A recent case in Peoria, Illinois, involving Sharon Lucy, brought the issue of drug-induced homicide to the forefront. Lucy, aged 59, pleaded guilty in Peoria County Circuit Court to delivering Fentanyl, a potent controlled substance, to Angela Price. The tragic outcome was the fatal overdose of Angela Price on August 11, 2022.

Lucy's guilty plea was in exchange for a reduced charge – delivery of a controlled substance, which carries a sentence ranging from four to 15 years in prison. This move saw the more severe charge of drug-induced homicide dropped. The dropped charge could have resulted in a sentence of up to 30 years if Lucy had been convicted.

Understanding the Legal Framework: Section 9-3.3

The statute categorizes drug-induced homicide as a Class X felony, emphasizing its gravity within the criminal justice system. Subsection (a) specifies that the offense occurs when someone unlawfully delivers a controlled substance, violating certain sections of the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act, resulting in the death of another person.

Subsection (a-5) extends the reach of the law to cases where the violation of law occurred in another jurisdiction, but the individual's death takes place within the state of Illinois.

Penalties and Enhanced Sentences

Subsection (b) outlines the penalties associated with drug-induced homicide. While it is a Class X felony, there are enhanced penalties for specific circumstances:

  • If the offense involves violating specific sections of the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act, the defendant faces a mandatory term of imprisonment between 15 to 30 years, or an extended term of 30 to 60 years.
  • Similarly, if the offense involves violating the law of another jurisdiction, with an equivalent charge under Illinois law, the defendant faces similar enhanced penalties.

Navigating the Complexity of Drug-Induced Homicide Laws

The case of Sharon Lucy serves as a poignant reminder of the serious consequences associated with drug-induced homicide charges. Illinois legislators crafted Section 9-3.3 to address the alarming rise in cases where individuals lose their lives due to the actions of those unlawfully delivering controlled substances.

As we await Lucy's sentencing on April 4, it is essential to understand the legal framework surrounding drug-induced homicide. The law's intent is clear: to deter and penalize those responsible for delivering substances that lead to the tragic loss of life. The balance between justice and rehabilitation is delicate, and cases like Lucy's highlight the complexities inherent in navigating the legal landscape surrounding drug offenses.

Sources

Article by
Kevin O'Flaherty
Factchecked by
Schedule a Consultation
Expertise Best Child Support Lawyers in Chicago 201710 Best 2016 Client Satisfaction American Institute of Family Law AttorneysAvvo Clients' Choice 2016 DivorceRising Stars Kevin P. O'Flaherty SuperLawyers.com10 Best Law Firms 2018 Client Satisfaction American Institute of Family Legal Counsel Attorneys Estate Planning Law40 under forty

Contact Us

Please contact our friendly lawyers to Schedule a Consultation.

See below for our other locations. If our office locations are not convenient for you, we are happy to speak with you by phone.

We're here to help!
Email
Info@Oflaherty-Law.com
Phone
(630) 324-6666

What to Expect From a Consultation

The purpose of a  consultation is to determine whether our firm is a good fit for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us. Consultations may carry a charge, depending on the facts of the matter and the area of law. The cost of your consultation, if any, is communicated to you by our intake team or the attorney.

Hours of Operation

Monday
9:00am - 6:00pm
Tuesday
9:00am - 6:00pm
Wednesday
9:00am - 6:00pm
Thursday
9:00am - 6:00pm
Friday
9:00am - 6:00pm
Saturday
Closed
Sunday
Closed

Our Service Areas

Illinois

O'Flaherty Law Of Arlington Heights
Learn About Our Remote Law Approach

Meet the Owner

I am personally committed to ensuring that each one of our clients receives the highest level of client service from our team.  Our mission is to provide excellent legal work in a cost-effective manner while maintaining open lines of communication between our clients and their attorneys.  Many of our clients are going through difficult times in their lives when they reach out to us.  They should feel comfortable leaning on the experience and knowledge of our attorneys as their counselors and advocates.  We are here to help!

- Attorney Kevin O'Flaherty, Owner