§ 2506. Drug delivery resulting in death.
(a) Offense defined.--A person commits a felony of the first degree if the person intentionally administers,
dispenses, delivers, gives, prescribes, sells or distributes any controlled substance
or counterfeit controlled substance in violation of section 13(a)(14) or (30) of the
act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device
and Cosmetic Act, and another person dies as a result of using the substance.
(b) Penalty.--
(1) A person convicted under subsection (a) shall be sentenced to a term of imprisonment
which shall be fixed by the court at not more than 40 years.
(2) Paragraph (1) shall not apply to a person convicted under section 2502(c) (relating
to murder) when the victim is less than 13 years of age and the conduct arises out
of the same criminal act.
(c) Proof of sentencing.--(Deleted by amendment).
(d) Authority of court in sentencing.--(Deleted by amendment).
(e) Appeal by Commonwealth.--(Deleted by amendment).
(f) Forfeiture.--Assets against which a forfeiture petition has been filed and is pending or against
which the Commonwealth has indicated an intention to file a forfeiture petition shall
not be subject to a fine. Nothing in this section shall prevent a fine from being
imposed on assets which have been subject to an unsuccessful forfeiture petition.
(Dec. 22, 1989, P.L.773, No.109, eff. imd.; Feb. 18, 1998, P.L.102, No.19, eff. 60
days; July 7, 2011, P.L.220, No.40, eff. 60 days; June 18, 2014, P.L.741, No.56, eff.
60 days)
2014 Amendment. Act 56 amended subsec. (b).
Cross References. Section 2506 is referred to in sections 3308, 5702 of this title; section 9714 of
Title 42 (Judiciary and Judicial Procedure).
Notes of Decisions
Cited in
72
cases (
33 in the last 5 years), 1996–2026 · leading case:
Commonwealth v. Ludwig, 874 A.2d 623 (Pa. 2005).
Commonwealth v. Ludwig, 874 A.2d 623 (Pa. 2005).
· cites it 10× “[1] This appeal presents a constitutional challenge to a criminal statute, 18 Pa.C.S. § 2506, "Drug delivery resulting in death," for vagueness, because the statute fails to sufficiently set forth the mental state required for criminal liability.”
Commonwealth v. Proctor, 156 A.3d 261 (Pa. Super. Ct. 2017).
· cites it 2× “Is 18 Pa.C.S. § 2506 unconstitutionally vague and does § 2506 violate due process pursuant to the United States and Pennsylvania Constitutions because the statute does not provide sufficient notice as to what conduct it criminalizes and the statute encourages arbitrary…”
Com. v. Peck, M., Jr., 202 A.3d 739 (Pa. Super. Ct. 2019).
· cites it 3× “18 Pa.C.S. § 2506. Section 2506"consists of two principal elements: (i) [i]ntentionally administering, dispensing, delivering, giving, prescribing, selling or distributing any controlled substance or counterfeit controlled substance and (ii) death caused by ('resulting from')…”
Commonwealth v. Windslowe, 158 A.3d 698 (Pa. Super. Ct. 2017).
“2d 623 (2005) in which our Supreme Court affirmed the trial court’s grant of the defendant’s habe-as corpus petition as it found the Commonwealth failed to establish a prima fa-cia case of malice to support a conviction under 18 Pa.C.S. § 2506 (“Drug delivery resulting in…”
Com. v. Carr, C., 227 A.3d 11 (Pa. Super. Ct. 2020).
“18 Pa.C.S. § 2506(a) (footnote omitted). “The crime described above consists of two principal elements: (i) [i]ntentionally administering, dispensing, delivering, giving, prescribing, selling or distributing any controlled substance or counterfeit controlled substance[,] and…”
Com. v. Beatty, B., 227 A.3d 1277 (Pa. Super. Ct. 2020).
“____________________________________________ 3 Appellant was charged with four counts: count 1, drug delivery resulting in death, 18 Pa.C.S. § 2506(a); count 2, manufacture, deliver or possession with intent to manufacture or deliver, 35 P.”
Commonwealth v. Highhawk, 687 A.2d 1123 (Pa. Super. Ct. 1996).
· cites it 4× “Caruso determined that conflicts between subsections (a) and (c) of 18 Pa.C.S. § 2506 makes the statute impossible to apply.”
United States v. Dorian Dawson, 32 F.4th 254 (3rd Cir. 2022).
“Dawson was initially charged in state court with various drug trafficking offenses, including drug delivery resulting in death, 18 Pa. Cons. Stat. § 2506 , for his alleged role as the supplier of L.”
Allstate Ins. Co. v. Hopfer, 672 F. Supp. 2d 682 (E.D. Pa. 2009).
“This statute provides that: “A person commits murder of the third degree who administers, dispenses, delivers, gives, prescribes, sells or distributes any controlled substance .”
Commonwealth v. Griffin, 207 A.3d 827 (Pa. 2019).
· cites it 2× “§ 3701(a)(1)(i), (ii) or (iii) (relating to robbery), or robbery of a motor vehicle, drug delivery resulting in death as defined in 18 Pa.C.S. § 2506(a) (relating to drug delivery resulting in death), or criminal attempt, criminal conspiracy or criminal solicitation to commit…”
— 18 Pa. Cons. Stat. § 2506(a) — 55 cases
Commonwealth v. Ludwig, 874 A.2d 623 (Pa. 2005).
“[1] This appeal presents a constitutional challenge to a criminal statute, 18 Pa.C.S. § 2506, "Drug delivery resulting in death," for vagueness, because the statute fails to sufficiently set forth the mental state required for criminal liability.”
Commonwealth v. Proctor, 156 A.3d 261 (Pa. Super. Ct. 2017).
“Is 18 Pa.C.S. § 2506 unconstitutionally vague and does § 2506 violate due process pursuant to the United States and Pennsylvania Constitutions because the statute does not provide sufficient notice as to what conduct it criminalizes and the statute encourages arbitrary…”
Com. v. Carr, C., 227 A.3d 11 (Pa. Super. Ct. 2020).
“18 Pa.C.S. § 2506(a) (footnote omitted). “The crime described above consists of two principal elements: (i) [i]ntentionally administering, dispensing, delivering, giving, prescribing, selling or distributing any controlled substance or counterfeit controlled substance[,] and…”
Com. v. Beatty, B., 227 A.3d 1277 (Pa. Super. Ct. 2020).
“____________________________________________ 3 Appellant was charged with four counts: count 1, drug delivery resulting in death, 18 Pa.C.S. § 2506(a); count 2, manufacture, deliver or possession with intent to manufacture or deliver, 35 P.”
Com. v. Peck, M., Jr., 202 A.3d 739 (Pa. Super. Ct. 2019).
“18 Pa.C.S. § 2506. Section 2506"consists of two principal elements: (i) [i]ntentionally administering, dispensing, delivering, giving, prescribing, selling or distributing any controlled substance or counterfeit controlled substance and (ii) death caused by ('resulting from')…”
— 18 Pa. Cons. Stat. § 2506(b) — 1 case
Commonwealth v. Ludwig, 874 A.2d 623 (Pa. 2005).
“[1] This appeal presents a constitutional challenge to a criminal statute, 18 Pa.C.S. § 2506, "Drug delivery resulting in death," for vagueness, because the statute fails to sufficiently set forth the mental state required for criminal liability.”
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