Chapter 510 Oregon Laws 2001

AN ACT

HB 2353

Relating to controlled substances.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Section 2 of this 2001 Act is added to and made a part of ORS 475.940 to 475.995.

SECTION 2. (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, except that “ingest” does not include inhalation of marijuana smoke.

SECTION 3. (1) The Oregon Criminal Justice Commission shall classify causing another person to ingest a controlled substance as a person felony and crime category 8 of the sentencing guidelines grid of the commission.

(2) The Oregon Criminal Justice Commission shall classify causing another person to ingest a controlled substance with the intent of committing or facilitating a crime of violence against the other person as a person felony and crime category 9 of the sentencing guidelines grid of the commission.

Approved by the Governor June 21, 2001

Filed in the office of Secretary of State June 22, 2001

Effective date January 1, 2002

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