15.2506. Drug Delivery Resulting in Death

[For offenses committed before September 7, 2011:]
1. The defendant has been charged with delivering drugs that resulted in the death of a person. To find the defendant guilty of this offense, you must find that the following elements have been proven beyond a reasonable doubt:
First, that the defendant administered, dispensed, delivered, gave, prescribed, sold, or distributed a controlled substance or a counterfeit controlled substance to a person.
Second, that the administration, dispense, delivery, prescription, sale, or distribution must have been in violation of the Controlled Substance, Drug, Device and Cosmetic Act.
Third, that a person has died as a result of using the substance.
Fourth, that the defendant did so with malice. Let me explain what malice means in this context.
[First Alternative]
A defendant’s actions are with malice if they show his or her wanton and willful disregard of an unjustified and extremely high risk that his or her conduct would result in death or serious bodily injury to another. The Commonwealth need not prove that the defendant specifically intended to kill another, but it must prove, beyond a reasonable doubt, that the defendant took action while consciously, that is, knowingly, disregarding the most serious risk that he or she was creating, and that, by his or her disregard of that risk, he or she demonstrated his or her extreme indifference to the value of human life.
[Second Alternative]
A defendant’s actions are with malice if he or she acts with [a wickedness of disposition, hardness of heart, cruelty, recklessness of consequences, and a mind regardless of social duty indicating an unjustified disregard for the probability of death or great bodily harm, and an extreme indifference to the value of human life] [a conscious disregard of an unjustified and extremely high risk that his or her actions may cause death or serious bodily injury].
If you find each of these elements beyond a reasonable doubt, you should find the defendant guilty. If you do not find each proven beyond a reasonable doubt, you must find the defendant not guilty.
[For offenses committed on or after September 7, 2011:]
1. The defendant has been charged with delivering drugs that resulted in the death of a person. To find the defendant guilty of this offense, you must find that the following elements have been proven beyond a reasonable doubt:
First, that the defendant administered, dispensed, delivered, gave, prescribed, sold, or distributed a controlled substance or a counterfeit controlled substance to a person.
Second, that the defendant did so intentionally, that is, that it was [his] [[[[her] conscious object to administer, dispense, deliver, give, prescribe, sell, or distribute a controlled substance or a counterfeit controlled substance to a person.
Third, that the administration, dispense, delivery, prescription, sale, or distribution was in violation of the Controlled Substance, Drug, Device and Cosmetic Act.
Fourth, that a person has died as a result of using the substance.
2. If you find each of these elements beyond a reasonable doubt, you should find the defendant guilty. If you do not find each proven beyond a reasonable doubt, you must find the defendant not guilty.