(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. [Formerly 475.984; 2017 c.21 29]
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