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.