1. Short title This Act may be cited as the Felony Murder for Deadly Fentanyl Distribution Act of 2023 . 2. Fentanyl distribution resulting in death punished as felony murder Section 1111 of title 18, United States Code, is amended— (1) in subsection (a), in the second sentence, by inserting , distributing fentanyl after child abuse ; (2) in subsection (b)— (A) by striking (b) Within and inserting (b) (1) Within ; and (B) by adding at the end the following: (2) Whoever is guilty of murder in the first degree by distributing fentanyl shall be punished by death or by imprisonment for life. ; and (3) in subsection (c)— (A) by redesignating paragraphs (4) through (6) as paragraphs (6) through (8), respectively; and (B) by inserting after paragraph (3) the following: (4) the terms controlled substance and distribute have the meanings given the terms in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ); (5) distributing fentanyl means to distribute a controlled substance— (A) involving 2 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or .5 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide; (B) that results in death from the use of a mixture or substance described in subparagraph (A); and (C) knowing or having reason to know that the controlled substance contains a detectable amount of a mixture or substance described in subparagraph (A). .