(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;
(B) Sodomy in the first degree, as defined in ORS 163.405;
(C) Unlawful sexual penetration in the first degree, as defined in ORS 163.411;
(D) Sexual abuse in the first degree, as defined in ORS 163.427;
(E) Kidnapping in the first degree, as defined in ORS 163.235;
(F) Kidnapping in the second degree, as defined in ORS 163.225;
(G) Assault in the first degree, as defined in ORS 163.185; or
(H) Assault in the second degree, as defined in ORS 163.175.
(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]