Dangerous Fentanyl Exposure of First Responder

Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.

1. Element 1

   AND — Required

   Possession and substance

   The defendant was at least 18 years old and unlawfully possessed dangerous fentanyl or a dangerous fentanyl analog.

   Plain language: Confirm adult status, unlawful possession, and that the substance fits the statutory dangerous-fentanyl definition.

2. Element 2

   AND — Required

   Exposure and resulting harm

   During that possession, the defendant recklessly exposed a first responder acting in an official capacity, and the exposure resulted in the responder's overdose or serious bodily injury.

   Plain language: Recklessness, qualifying first-responder status, exposure, and the resulting harm must all be established.