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Juvenile Drug Distribution Resulting in Death in Florida

When a minor distributes certain controlled substances that lead to another person’s death, Florida law now treats this offense with the utmost seriousness. Under Senate Bill 612, effective July 1, 2025, any individual under 18 years old who unlawfully distributes drugs such as fentanyl, methamphetamine, cocaine, or similar substances, and whose actions result in a fatal overdose, can be charged with third-degree murder, classified as a second-degree felony. This charge reflects Florida’s response to an increasing crisis in youth-related drug activity and overdose deaths, imposing adult-level consequences on juveniles in circumstances that require accountability.

Lawyer for a Drug Induced Homicide in Hernando County

If you or your child was charged with drug distribution resulting in death, in Hernando County or the surrounding counties of Citrus, Sumter, or Pasco County, Florida, be sure to contact The Law Office of Ashley Aulls. Having an experienced defense attorney like Ashley Aulls on your side can relieve the stress. With over 20 years of experience, Ashley Aulls knows what it takes to win a case. Call (352) 593-4115 today to discuss your case.

Information on Juvenile Drug Distribution Resulting in Death Charges in Florida

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Juvenile Distribution of Lethal Drugs: Legal Implications in Florida

Under Florida Statute § 782.04(5), a juvenile who distributes a controlled substance that causes death now faces a homicide-level charge, even without intent to kill. Prior to SB 612, such conduct may have been charged under drug trafficking or involuntary manslaughter statutes and typically processed in juvenile court, often leading to probation, treatment, or diversion. The minor’s age and lack of violent intent frequently resulted in less severe legal consequences.

Now, however, a juvenile can be directly charged with a second-degree felony. This means prosecutors may seek adult sentencing, which includes penalties of up to 15 years in prison and hefty fines. The law also allows courts to bypass juvenile jurisdiction in particularly lethal distribution cases. SB 612 signals Florida’s intent to treat fatal drug distribution by minors with the same gravity as other serious violent offenses.

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Juvenile Distribution of Dangerous Drugs Defined

Consequences arise when a minor distributes a dangerous controlled substance, and the recipient later dies from an overdose. The prosecution must establish:

  1. The defendant was under 18 years old at the time of the offense.
  2. The substance distributed was a controlled substance (e.g., fentanyl, methamphetamine, cocaine).
  3. The distribution was illegal and resulted in the recipient’s death.

Importantly, no intent to kill is required, only the act of distribution and resulting fatality.

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Penalties for Juvenile Drug Distribution Resulting in Death

The penalties for a conviction under Florida law are extremely serious, even for juveniles:

  • Second-Degree Felony: The charge carries a maximum of 15 years in prison under adult sentencing guidelines.
  • $10,000 Fine: A convicted individual may also face hefty financial penalties in addition to incarceration.
  • Felony Record: A conviction results in a permanent felony criminal record, which can severely restrict future opportunities in education, employment, military service, and housing.
  • Adult Court Prosecution: Juveniles may be direct-filed into adult criminal court, foregoing juvenile protections and facing adult-level penalties.

Even if the minor avoids prison, a plea or adjudication of guilt can still result in probation, intensive supervision, mandatory drug treatment programs, community service, and long-term court oversight. In many cases, driver’s license suspension and other civil consequences may also apply.

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Possible Defenses to Drug Distribution Resulting in Death

Despite the severity of these charges, several legal defenses can be raised depending on the facts of the case:

Lack of Knowledge – One of the strongest defenses is demonstrating that the juvenile was unaware of the dangerous nature of the substance. For instance, if the juvenile reasonably believed they were giving the victim a less harmful substance, such as marijuana, or a legal pill like ibuprofen—they may lack the specific knowledge required to support a felony homicide charge. This lack of criminal intent can significantly weaken the prosecution’s case.

Causation Challenges – The prosecution must prove that the distributed drug was the direct cause of the victim’s death. If the decedent used multiple substances, had pre-existing health conditions, or if toxicology reports are inconclusive, the defense may argue that the juvenile’s conduct was not the sole or proximate cause of the death. Without medical certainty, the homicide charge may not be sustainable.

Illegal Search or Procedural Violations – In many drug-related cases, police obtain key evidence, such as cell phone messages or pill containers, through searches of backpacks, phones, or homes. If law enforcement failed to follow proper procedures, such as obtaining a valid warrant or securing voluntary consent, the defense may file a motion to suppress, excluding crucial evidence from trial.

Duress or Coercion – If the juvenile was pressured, threatened, or manipulated by an older individual into selling or delivering the drugs, this may form the basis of a duress defense. This is especially relevant when the minor was involved in a broader drug network or exploited by adults. In these cases, attorneys may push for reduced charges or placement in diversion or treatment programs.

Lack of Intent to Distribute – In some situations, the accused juvenile may have simply shared or passed along a pill without understanding that their actions qualified as distribution under Florida law. If there’s evidence the sharing was casual, non-commercial, or lacked criminal intent, the defense can argue that the charge should be reduced or dismissed.

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Additional Resources

New Florida law allows teens to be charged with murder in drug overdose cases: ‘Meaningful change’ – Read a news report on the new SB 612 law specifically targeting minors charged with drug induced Homicide. The Article discusses how the law created after the death of 17-year-old Devin Ramos, who investigators say died after unknowingly ingesting a fentanyl-laced pill given to him by another 17-year-old.

Drug Policy Alliance Fact Sheet – Read a fact sheet from the Drug Policy Alliance, an organization that favors a public health approach to solving drug problems rather than criminalization. They argue that Drug-induced homicide prosecutions can increase overdose death risk, instead of solving the problem.

Health in Justice report on Drug Induced Homicide – Read a report on Drug Induced Homicide from the Action Lab at Northeastern University

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Finding an Attorney for Drug Distribution Resulting in Death in Hernando County, Florida

If you were arrested for or cited with Drug Induced Homicide then contact an experienced criminal defense attorney at The Law Office of Ashley Aulls, P.A.. Ashley Aulls represents young people charged with drug distribution resulting in death throughout Brooksville, Hernando County, Florida, and the surrounding areas of Inverness in Citrus County, New Port Richey, and Dade City in Pasco County, and Bushnell in Sumter County.