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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
