Current through 2024 Regular Session legislation effective June 6, 2024
Section 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;(B) Sodomy in the first degree, as defined in ORS 163.405;(C) Unlawful sexual penetration in the first degree, as defined in ORS 163.411;(D) Sexual abuse in the first degree, as defined in ORS 163.427;(E) Kidnapping in the first degree, as defined in ORS 163.235;(F) Kidnapping in the second degree, as defined in ORS 163.225;(G) Assault in the first degree, as defined in ORS 163.185; or(H) Assault in the second degree, as defined in ORS 163.175.(c) "Ingest" means to consume or otherwise deliver a controlled substance into the body of a person.Amended by 2017 Ch. 21,§ 29, eff. 4/21/2017.