If a person administers a drug to another person (presumably by adding it to their drink) without that person's knowledge or consent, what offense has been committed (assuming nothing further happens to person drugged e.g. not sexually assaulted or suffers any lasting effects or injuries from drugging)?
I have already asked the local DA. He said he hasn't ran into this particular set of facts before, but off the top of his head he suggested a Class C Assault by Contact.
Is there a statute specifically aimed at this offense possibly buried in HSC or similar code(s)?
Assuming the drug administered is a controlled substance, can you show an actual or attempted delivery?
What was the motive for the Mickey? You might have an attempted sexual assault, if rape was planned, or possibly an attempted aggravated assault if the intent was for the victim to suffer greater damage than actually occurred.
Here's a hypo: if defendant slips a drug to victim, and victim then gets behind the wheel, would you charge the defendant with DWI (assuming you had the proof that he was the one who did the medicating)?
The definition of bodily injury under PC 1.07 is physical pain, illness, or any impairment of physical condition.
Whatever the effects of the drug were, surely they would amount to "any impairment of physical condition."
Could not get the Defendant for DWI unless you could show knowledge on his part of the other person driving. I tried to get a bar owner on the same theory for serving alcohol to underage college student who left bar intoxicated and killed another student in traffic wreck. Sent the driver to the pen for intox manslauther and wanted to do the same for the bar owner. Couldn't get there because couldn't prove knowledge of driving. Anybody else tried this or something different in this situation?
Funny you mention the DWI scenario: in my case, the victim did in fact get a DWI the next morning. The victim has since came in and recanted her version of events. She now remembers the sexual encounter and states it was consensual.
Thanks to all who reponded.
depending on the circumstances, if the CS was administered in a bar by spiking a drink, and who committed it,(bartender, waitress etc) you may have tampering with consumer product. if that doesn't work, actual or contructive transfer (delivery)
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