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Is it a crime to spike someone’s drink?

On Behalf of | Oct 5, 2023 | Criminal Defense |

Data rape is one of the most heinous crimes that anyone can commit. Forcing someone into an unwanted sexual activity is a form of violence, and date rape targets are often people in their late teens to early twenties.

To commit date rape, some people spike their victim’s drink with a substance that can intoxicate the other person or even make their memory of the incident fuzzy. The substances commonly used to spike drinks include recreational drugs like LSD and ketamine and depressants like Rohypnol.

Drink spiking may sound like an urban myth to scare college students, but it’s a real threat. According to a 2016 study that surveyed more than 6,000 students across three universities, 462 students reported being drugged through a spiked drink. The same study also found that 83 students admitted to spiking someone’s drink or knowing someone who did.

Per Colorado law, spiking someone’s drink is illegal. Anyone charged with the offense can face criminal punishment – even if no rape had occurred.

Inducing consumption by fraudulent means is a crime

According to state law, it’s unlawful for any person to cause another to consume unknowingly a controlled substance using fraud or deception. Violators will be charged with a Class 4 felony, which leads to up to six years in state prison and as much as $500,000 in fines on conviction.

This is a separate criminal charge from rape. So even if no rape had occurred, a person could still face accusations of spiking someone’s drink.

Intentional or not, spiking someone’s drink is a punishable offense. Colorado will treat the offense as a crime; anyone convicted will have a felony on record. Young adults accused of tricking another person into drinking a drugged beverage should consider their legal options because a felony conviction can impact their future opportunities.

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