H. B. 4487
(By Delegates Marshall, C. White, Perdue,
Smirl, Caputo, Doyle and Hatfield)
[Introduced February 14, 2002; referred to the
Committee on the Judiciary.]
A BILL to amend article two, chapter sixty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section seven-a,
relating to providing a criminal penalty for surreptitiously
or by means of fraud, deception or misrepresentation causing
another person to unknowingly consume or receive the
administration of a poisonous, deleterious or controlled
substance or an alcoholic beverage.
Be it enacted by the Legislature of West Virginia:
That article two, chapter sixty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
seven-a, to read as follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-7a. Surreptitious administration of certain substances;
definitions; penalty; and defense.
(a) As used in this section:
(1) "Administer" means the introduction of a substance into
the body by injection, inhalation, ingestion or by any other means.
(2) (A) "Alcoholic beverage" includes, but is not necessarily
limited to:
(i) Alcohol, or any alcoholic, spiritous, vinous, fermented,
malt or other liquid, or combination of liquids, a part of which is
spiritous, vinous or fermented, and all other drinks or drinkable
liquids that contain more than one half of one percent of alcohol
by volume, and is suitable to use for beverage purposes; and
(ii) Beer and nonintoxicating beer as defined in section five,
article one, chapter sixty of this code, and products referred to
as malt liquor, malted beverages or malt coolers.
(B) "Alcoholic beverage" does not include common extracts,
vinegars, ciders, essences, tinctures, food preparations or
over-the-counter drugs and medicines that otherwise come within
this definition.
(3) "Bodily injury" means physical pain, illness or any
impairment of physical condition.
(4) "Controlled substance" has the same definition as in
section one hundred one, article one, chapter sixty-a of this code.
(5) "Deleterious substance" means a substance which, if
administered, would likely cause bodily injury or mental impairment
or is intended to stupefy or overpower a person.
(6) "Poisonous" means a substance which, if administered,
would likely cause serious bodily injury or death.
(7) "Prescription drug" has the same definition as in section
five, article eight, chapter sixty-a of this code.
(8) "Serious bodily injury" means bodily injury which involves
a substantial risk of death, unconsciousness, extreme physical
pain, protracted and obvious disfigurement or protracted loss or
impairment of the function of a bodily member, organ or mental
faculty.
(9) "Substance" means a controlled substance, poisonous
substance or deleterious substance.
(b) No person may surreptitiously or by means of fraud,
deception or misrepresentation cause another person to unknowingly
consume or receive the administration of:
(1) Any poisonous, deleterious or controlled substance; or
(2) Any alcoholic beverage.
(c) A person who violates subsection (b) of this section is
guilty of a felony and, upon conviction thereof, shall be fined at
least one thousand dollars and no more than fifty thousand dollars
and sentenced to a definite term of confinement under the
supervision of the commissioner of the division of corrections of
at least one year and not more than twenty years.
(d) It is an affirmative defense to a prosecution under
subsection (b) of this section that the person:
(1) Provided the appropriate administration of a prescription
drug; and
(2) Acted on the reasonable belief that his or her conduct was
in the best interest of the well-being of the person to whom the
prescription drug was administered.
NOTE: The purpose of this bill is to provide a criminal
penalty for surreptitiously or by means of fraud, deception or
misrepresentation causing another person to unknowingly consume or
receive the administration of a poisonous, deleterious or
controlled substance or an alcoholic beverage.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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