1. (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. (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. (3) For the purposes of this section:

   1. (a)

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

         1. (i) Has a chemical structure that is substantially similar to the chemical structure of a controlled substance in Schedule I or II.
         2. (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.

      2. (B) “Controlled substance analog” does not include:

         1. (i) A controlled substance;
         2. (ii) Any substance that has an approved drug application;
         3. (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
         4. (iv) Distilled spirits, wine or malt beverages.

   2. (b) “Crime of violence” means:

      1. (A) Rape in the first degree, as defined in ORS 163.375;
      2. (B) Sodomy in the first degree, as defined in ORS 163.405;
      3. (C) Unlawful sexual penetration in the first degree, as defined in ORS 163.411;
      4. (D) Sexual abuse in the first degree, as defined in ORS 163.427;
      5. (E) Kidnapping in the first degree, as defined in ORS 163.235;
      6. (F) Kidnapping in the second degree, as defined in ORS 163.225;
      7. (G) Assault in the first degree, as defined in ORS 163.185; or
      8. (H) Assault in the second degree, as defined in ORS 163.175.
   3. (c) “Ingest” means to consume or otherwise deliver a controlled substance into the body of a person.

[Formerly 475.984; 2017 c.21 §29]