§ 5-13-210 - Introduction of controlled substance into body of another person.
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 Schedule I or Schedule II, which is a narcotic drug, is guilty of a Class Y felony;
(2) Any other controlled substance in Schedule I, Schedule II, or Schedule III is guilty of a Class B felony; or
(3) Any other controlled substance in Schedule IV, Schedule V, or Schedule VI is guilty of a Class C felony.
(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.
(e) It is not a defense under a provision of this section that a person:
(1) Consented to being injected with the controlled substance; or
(2) Ingested, inhaled, or otherwise introduced the controlled substance into his or her human body knowingly and voluntarily.
(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) Committing any felony sexual offense, as defined in Arkansas law;
(2) Engaging in any unlawful sexual act, as defined in 5-14-101 et seq.;
(3) Engaging in any unlawful sexual contact, as defined in 5-14-101; or
(4) Engaging in any act involving a child engaging in sexual explicit conduct, as defined in 5-27-302.