Michigan Jury Instructions-Delivery of a Controlled Substance Causing Death


Delivery of a Controlled Substance Causing Death

To prove that the defendant Delivered a Controlled Substance Causing Death , the prosecutor must prove each of the following elements beyond a reasonable doubt:


M Crim JI 12.2a Delivery of a Controlled Substance Causing Death

(1)   The defendant is charged with the crime of delivery of a controlled substance1 causing death. To prove this charge, the prosecution must prove each of the following elements beyond a reasonable doubt:

(2)   First, that the defendant delivered a controlled substance to another person. “Delivery” means that the defendant transferred the substance to another person knowing that it was a controlled substance and intending to transfer it to that person.

(3)   Second, that the substance delivered was a controlled substance.


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(4)   Third, that the defendant knew [ he / she ] was delivering a controlled substance.

(5)   Fourth, that the controlled substance was consumed by [state name of person who consumed].

(6)   Fifth, that consuming the controlled substance caused the death of [state victim’s name].2

Use Note

1 The controlled substance must be a schedule 1 or 2 controlled substance other than marijuana, MCL 750.317a.

2 Concerning causation, see M Crim JI 16.15, Act of Defendant Must be Cause of Death.


M Crim JI 12.2a (formerly CJI2d 12.2a) was adopted by the committee in May, 2008, for the crime found at MCL 750.317a.

Reference Guide


MCL 750.317a.

Michigan State Bar “Michigan’s model criminal jury instructions have been developed over the course of many years through the State Bar’s Standing Committee on Criminal Jury Instructions, and published by the Institute for Continuing Legal Education which has made them available to its subscribers and through individual purchase. Calling these instructions a “valuable tool,” the Michigan Supreme Court has concluded that they have acquired such widespread use and the utility for attorneys, litigants, and courts, the Court has now ordered that the use of will be freely available, and mandatory after March 1, 2014.”



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