Arkansas Law

§ 5-13-210. Introduction of controlled substance into body of another person.

(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.

(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.

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

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

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

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

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

(e) It is not a defense under the provisions of this section that the person consented to being injected with the controlled substance or the person ingested, inhaled, or otherwise introduced the controlled substance into his human body knowingly and voluntarily.

(f) Notwithstanding the provisions of subsection (c) of this section, any person who violates this section by introducing a controlled substance into the body of another person without their knowledge or consent with the purpose of committing any felonious sexual offense as defined under Arkansas law or with the purpose of engaging in any unlawful sexual act as defined in § 5-14-101 et seq. or sexual contact as defined in § 5-14-101 or any act involving a child engaging in sexual explicit conduct as defined in § 5-27-302, is guilty of a Class Y felony.

History. Acts 1987, No. 848, §§ 1-3; 1999, No. 516, § 1.