Introduction of controlled substance into body of another person

  1. Law
  2. Arkansas Code
  3. Criminal Offenses
  4. Offenses Against the Person
  5. Assault and Battery
  6. Offenses Generally
  7. Introduction of controlled substance into body of another person

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  1. (a) It is unlawful for any person to inject any controlled substance as defined by the Uniform Controlled Substances Act, § 5-64-101 et seq., into the human body of another person, unless the controlled substance has been ordered for the person receiving the controlled substance by a licensed practitioner, licensed by the state to prescribe controlled substances in the schedule involved and this being for a legitimate medical purpose.

  2. (b) It is unlawful for any person to administer or cause to be ingested, inhaled, or otherwise introduced into the human body of another person a controlled substance as defined by the Uniform Controlled Substances Act, § 5-64-101 et seq., unless the controlled substance has been ordered for the person receiving the controlled substance by a licensed practitioner, licensed by the state to prescribe controlled substances in the schedule involved and this being for a legitimate medical purpose.

  3. (c) Any person who violates this section with respect to:

    1. (1) A controlled substance in Schedule I or Schedule II, which is a narcotic drug, is guilty of a Class Y felony;

    2. (2) Any other controlled substance in Schedule I, Schedule II, or Schedule III is guilty of a Class B felony; or

    3. (3) Any other controlled substance in Schedule IV, Schedule V, or Schedule VI is guilty of a Class C felony.

  4. (d) The provisions of this section and any criminal penalty provided for in this section are in addition to any other criminal penalty a person may be subjected to under a provision of the Arkansas Criminal Code or the Uniform Controlled Substances Act, § 5-64-101 et seq.

  5. (e) It is not a defense under a provision of this section that a person:

    1. (1) Consented to being injected with the controlled substance; or

    2. (2) Ingested, inhaled, or otherwise introduced the controlled substance into his or her human body knowingly and voluntarily.

  6. (f) Notwithstanding a provision of subsection (c) of this section, any person is guilty of a Class Y felony who violates this section by introducing a controlled substance into the body of another person without that other person's knowledge or consent with the purpose of:

    1. (1) Committing any felony sexual offense, as defined in Arkansas law;

    2. (2) Engaging in any unlawful sexual act, as defined in § 5-14-101 et seq.;

    3. (3) Engaging in any unlawful sexual contact, as defined in § 5-14-101; or

    4. (4) Engaging in any act involving a child engaging in sexually explicit conduct, as defined in § 5-27-302.


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