Texas Controlled Substances Act – Manufacture or Delivery of Controlled Substance Causing Death or Serious Bodily Injury

Texas Department of Criminal Justice

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Sec. 481.141.  MANUFACTURE OR DELIVERY OF CONTROLLED SUBSTANCE CAUSING DEATH OR SERIOUS BODILY INJURY. (a) If at the guilt or innocence phase of the trial of an offense described by Subsection (b), the judge or jury, whichever is the trier of fact, determines beyond a reasonable doubt that a person died or suffered serious bodily injury as a result of injecting, ingesting, inhaling, or introducing into the person’s body any amount of the controlled substance manufactured or delivered by the defendant, regardless of whether the controlled substance was used by itself or with another substance, including a drug, adulterant, or dilutant, the punishment for the offense is increased by one degree.

(b)  This section applies to an offense otherwise punishable as a state jail felony, felony of the third degree, or felony of the second degree under Section 481.112, 481.1121, 481.113, 481.114, or 481.122.

(c)  Notwithstanding Article 42.08, Code of Criminal Procedure, if punishment for a defendant is increased under this section, the court may not order the sentence for the offense to run concurrently with any other sentence the court imposes on the defendant.

Added by Acts 2003, 78th Leg., ch. 712, Sec. 2, eff. Sept. 1, 2003


Courtesy, Attorneys Jim Sullivan and Associates, Texas Criminal Defense Lawyers.

As a Texas Criminal Defense Attorney, Nancy Botts’ main interest is in the areas of search and seizure law and drug defense.  Nancy Botts has good results in Texas drug defense cases and in federal drug defense cases.  Other Houston criminal lawyers have consulted her for years about these subjects.  Nancy Botts aggressively defends all felony and misdemeanor drug possession and drug delivery cases.  Nancy Botts has successfully fought possession and delivery of controlled substance cases for amounts ranging from less than one gram to several kilograms.

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This is a local copy of a section of the Texas Controlled Substances Act.

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