2015 ORS 475.908¹
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 (Rape in the first degree);

(B) Sodomy in the first degree, as defined in ORS 163.405 (Sodomy in the first degree);

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

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

(E) Kidnapping in the first degree, as defined in ORS 163.235 (Kidnapping in the first degree);

(F) Kidnapping in the second degree, as defined in ORS 163.225 (Kidnapping in the second degree);

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

(H) Assault in the second degree, as defined in ORS 163.175 (Assault in the second degree).

(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. [Formerly 475.984]

Chapter 475

Law Review Cita­tions

51 OLR 561 (1972); 69 OLR 171 (1990)


1 Legislative Counsel Committee, CHAPTER 475—Controlled Substances; Illegal Drug Cleanup; Paraphernalia; Precursors, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors475.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 475, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano475.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.