Controlled Substances

ORS 475.908
Causing another person to ingest a controlled substance

(1)

A person commits the crime of causing another person to ingest a controlled substance if the person knowingly or intentionally causes the other person to ingest, other than by administering or dispensing, a controlled substance or a controlled substance analog without consent of the other person. A person who violates this subsection is guilty of a Class B felony.

(2)

Notwithstanding subsection (1) of this section, causing another person to ingest a controlled substance is a Class A felony if the person, with the intent of committing or facilitating a crime of violence against the other person, knowingly or intentionally causes the other person to ingest a controlled substance or a controlled substance analog without consent of the other person.

(3)

For the purposes of this section:
(a)(A) Except as provided in subparagraph (B) of this paragraph, “controlled substance analog” means a substance that:

(i)

Has a chemical structure that is substantially similar to the chemical structure of a controlled substance in Schedule I or II.

(ii)

Has a stimulant, depressant or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II.

(B)

“Controlled substance analog” does not include:

(i)

A controlled substance;

(ii)

Any substance that has an approved drug application;

(iii)

Any substance exempted under 21 U.S.C. 355 if the ingestion is within the scope of investigation authorized under 21 U.S.C. 355; or

(iv)

Distilled spirits, wine or malt beverages.

(b)

“Crime of violence” means:

(A)

Rape in the first degree, as defined in ORS 163.375 (Rape in the first degree);

(B)

Sodomy in the first degree, as defined in ORS 163.405 (Sodomy in the first degree);

(C)

Unlawful sexual penetration in the first degree, as defined in ORS 163.411 (Unlawful sexual penetration in the first degree);

(D)

Sexual abuse in the first degree, as defined in ORS 163.427 (Sexual abuse in the first degree);

(E)

Kidnapping in the first degree, as defined in ORS 163.235 (Kidnapping in the first degree);

(F)

Kidnapping in the second degree, as defined in ORS 163.225 (Kidnapping in the second degree);

(G)

Assault in the first degree, as defined in ORS 163.185 (Assault in the first degree); or

(H)

Assault in the second degree, as defined in ORS 163.175 (Assault in the second degree).

(c)

“Ingest” means to consume or otherwise deliver a controlled substance into the body of a person. [Formerly 475.984; 2017 c.21 §29]
Source

Last accessed
Mar. 11, 2023

REMOVE ADS