§ 475.908

(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.\n(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.\n(3) For the purposes of this section:\n(a)(A) Except as provided in subparagraph (B) of this paragraph, 'controlled substance analog' means a substance that:\n(i) Has a chemical structure that is substantially similar to the chemical structure of a controlled substance in Schedule I or II.\n(ii) Has a stimulant, depressant or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the

structure of a controlled substance in Schedule I or II.\n(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.\n(B) 'Controlled substance analog' does not include:\n(i) A controlled substance;\n(ii) Any substance that has an approved drug application;\n(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\n(iv) Distilled spirits, wine or malt beverages.\n(b) 'Crime of violence' means:\n(A) Rape in the first degree, as defined in ORS 163.375;\n(B) Sodomy in the first degree, as defined in ORS 163.405;\n(C) Unlawful sexual penetration in the first degree, as defined in ORS 163.411;\n(D) Sexual abuse in the first degree, as defined in ORS 163.427;\n(E) Kidnapping in the first degree, as defined in ORS 163.235;\n(F) Kidnapping in the second degree, as defined in ORS 163.225;\n(G) Assault in the first degree, as defined in ORS 163.185; or\n(H) Assault in the second degree, as defined in ORS

d in ORS 163.235;\n(F) Kidnapping in the second degree, as defined in ORS 163.225;\n(G) Assault in the first degree, as defined in ORS 163.185; or\n(H) Assault in the second degree, as defined in ORS 163.175.\n(c) 'Ingest' means to consume or otherwise deliver a controlled substance into the body of a person. [Formerly 475.984; 2017 c.21 §29]