Can you make an adult accountable for provide drugs to a minor who died?

[ardwyad]

My friend's sixteen year old daugther recently died of an esctasy overdose. While she is responsible for taking the drug is it possible to have the adult accountable who gave her the drug? If so, what would be the criminal charge? Involuntary manslaughter? I've been searching online and there is a law in Illinois about drug induced homicide. I don't see if for any other state. She lives in Massachusetts.

[hampton83]

I found this on the FBI website:
"One of the provisions, commonly referred to as the Len Bias Law, provides for a mandatory minimum term of incarceration for 20 years and a maximum life sentence for a dealer who distributes drugs that cause death or serious bodily injury.9 Therefore, drug dealers face a penalty of no less than 20 years in federal prison if it can be determined that the drugs they sold caused the overdose, regardless of the quantity,"

Here is the link:
http://www.fbi.gov/publications/leb/2009/april2009/overdose.htm

Here is a link to the law itself: (It is covered in Part D)
http://www.usdoj.gov/dea/pubs/csa.html
This law is very difficult reading.

The decision to file under this law would be at the discretion of the agency reporting / investigating the death. This type of charge is very, very hard to prove. Drug dealer and their suppliers have in recent years gotten a lot better at covering their tracks. There may simply not be enough good evidence to support the charge. Unless she or the police already have some evidence against a suspect, some agencies, especially smaller ones, may be reluctant to investigate further because of the expense involved and the low probability of finding adequate usable new evidence.
Even if she were able to file a "Wrongful Death" civil suit and win, she likely wouldn't be able to collect. I sincerely doubt that winning the suit or collecting money would appease her anger or ease her grief over the loss of her daughter. I know that it definitely wouldn't for me.

[hurst]

Yes. Several things occur to me: negligence and depraved indifference seem the strongest.

[lundie]

My neighbor's son got killed on an ATV.
We are trying to press charges of neglect in this case.

Also, a co-worker of mine allowed his 17-year-old daughter to drive to the store (she is licensed) and she got killed in a wreck.

These parents MUST be held responsible for these acts of neglect.

[gwen]

Yes, they can be held responsible, but you should be talking to the police about what happened so they have the story from the beginning

[wilbart]

We have it in NJ, too. Talk to the prosecutor's office about it. They will know whether a criminal charge can be or should be filed. They may or may not already have an investigation underway, but they may not have information as to the identity of the person who provided the drugs.

Regardless of criminal charges, your friend almost certainly has a civil claim. She needs to consult an attorney about that.

[fyfe]

Many states have laws which would be applicable even if they are not specifically written for the offense.

[taillefer]

The dead girl is the one who irresponsibly took too heavy of a dose so why should you ruin his life for her ignorance?

[talbot]

i have a revolutionary idea, let's not hold the dealer accountable because he didn't kill anyone. Smith and Wesson isn't held accountable for murders, ford aint held accountable for car accidents, and Pfizer don't get in trouble when someone ODs on xanax, so lets be reasonable.