ORS 475.908 Causing another person to ingest a controlled substance

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.

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.

For the purposes of this section:

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

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

“Controlled substance analog” does not include:

A controlled substance;

Any substance that has an approved drug application;

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

Distilled spirits, wine or malt beverages.

“Crime of violence” means:

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

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

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

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

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

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

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

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

“Ingest” means to consume or otherwise deliver a controlled substance into the body of a person.