Health & Safety Code · §481.141
Delivery of Controlled Substance Causing Death or Serious Bodily Injury
Delivery of Controlled Substance Causing Death or Serious Bodily Injury (§481.141): key points and worked practice questions for Texas peace officer exam preparation.
Key points
- Manufacture or delivery of a controlled substance
- Death or serious bodily injury results from use of that substance
- Punishment increased by one degree (applies to offenses otherwise punishable as a state jail, 3rd-degree, or 2nd-degree felony)
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Worked examples
Worked example 1
Delivery of a controlled substance causing death (HSC §481.141 'death of person from controlled substance') triggers:
- No special enhancement
- Enhanced penalty range — minimum confinement raised to 99 years or life with possibility of $250,000 fine for certain delivery / manufacturing offenses where the controlled substance contributed to death Correct
- Capital felony
- Class A misdemeanor
Why: Where delivery of a controlled substance contributed to a death, §481.141 enhances the punishment to a sentence of life or any term of not more than 99 nor less than 15 years. Often used for fentanyl deaths.
Statute: Tex. Health & Safety Code §481.141
Statutory definitions for this topic
- §481.141 enhancement (death from CS) Tex. Health & Safety Code §481.141
- Where delivery of a controlled substance contributed to a death, the punishment range is enhanced to 15 to 99 years or life — commonly used for fentanyl deaths.