Indianapolis, IN asked in Criminal Law for Indiana

Q: Is it illegal to not report and leave the scene o f an accidental overdose resulting in death?

The victim had consumed their own drugs. Persons in question gave the victim no drugs.

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1 Lawyer Answer
James A Hanson
James A Hanson
  • Criminal Law Lawyer
  • Fort Wayne, IN
  • Licensed in Indiana

A: The traffic code has a requirement to report accidents that occur, but that is for those involved in the accident. A hit-and-skip only applies to the person causing the collision.

In Indiana, there is a general requirement to report child abuse or neglect.

Otherwise, Indiana follows the common law which places no obligation on anyone to intervene or otherwise become involved in the demise of another unless there is a special relationship or special circumstances that distinguish the event.

Based on the facts you provide, there is likely no duty to report.

Keep in mind, however, that based on the facts related there could be other criminal offenses such as Visiting a Common Nuisance that might apply.

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