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Ark. Code Ann. § 5-13-210

Introduction of controlled substance into body of another person

Applied in 3 court decisions — leading case 2022 Ark. App. 464 - James Taylor v. State of Arkansas (2022)

Most recently applied in 2022 Ark. App. 464 - James Taylor v. State of Arkansas (November 2022)

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

How often courts cite this section

200520102020202210
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) 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) 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) Any person who violates this section with respect to: A controlled substance in Schedule I or Schedule II, which is a narcotic drug, is guilty of a Class Y felony;

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

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

(6) 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.

(7) It is not a defense under a provision of this section that a person: Consented to being injected with the controlled substance; or

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

(9) 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: Committing any felony sexual offense, as defined in Arkansas law;

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

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

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

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.