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5-13-210. Introduction of controlled substance into body of another person.
Arkansas Code — all titles (historical 2020) · legal_authorities
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 inject
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-13-210
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:5-13-210
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: a84a01f43ba6e37589422d3ecd2ecb5c1906d20e4b17a1d812b3ac985868cdcd
Source location: content.xml paragraph 10268
Stored source content
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 sexually explicit conduct, as defined in § 5-27-302.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-14-101. Definitions.
As used in this chapter:
(1) “Deviate sexual activity” means any act of sexual gratification involving:
(A) The penetration, however slight, of the anus or mouth of a person by the penis of another person; or
(B) The penetration, however slight, of the labia majora or anus of a person by any body member or foreign instrument manipulated by another person;
(2) “Forcible compulsion” means physical force or a threat, express or implied, of death or physical injury to or kidnapping of any person;
(3) “Guardian” means a parent, stepparent, legal guardian, legal custodian, foster parent, or any person who by virtue of a living arrangement is placed in an apparent position of power or authority over a minor;
(4)(A) “Mentally defective” means that a person suffers from a mental disease or defect that renders the person:
(i) Incapable of understanding the nature and consequences of a sexual act; or
(ii) Unaware a sexual act is occurring.
(B) A determination that a person is mentally defective shall not be based solely on the person's intelligence quotient;
(5) “Mentally incapacitated” means that a person is temporarily incapable of appreciating or controlling the person's conduct as a result of the influence of a controlled or intoxicating substance:
(A) Administered to the person without the person's consent; or
(B) That renders the person unaware a sexual act is occurring;
(6) “Minor” means a person who is less than eighteen (18) years of age;
(7) “Physically helpless” means that a person is:
(A) Unconscious;
(B) Physically unable to communicate a lack of consent; or
(C) Rendered unaware a sexual act is occurring;
(8) “Public place” means a publicly or privately owned place to which the public or a substantial number
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-14-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-14-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-27-302. Definitions.
As used in this subchapter:
(1) “Child” means any person under eighteen (18) years of age;
(2) “Commercial exploitation” means having monetary or other material gain as a direct or indirect goal;
(3) “Producing” means producing, directing, manufacturing, issuing, publishing, or advertising;
(4) “Sexually explicit conduct” means actual or simulated:
(A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(B) Bestiality;
(C) Masturbation;
(D) Sadomasochistic abuse for the purpose of sexual stimulation; or
(E) Lewd exhibition of:
(i) The genitals or pubic area of any person; or
(ii) The breast of a female; and
(5) “Visual or print medium” means any film, photograph, negative, slide, book, magazine, magnetic image, electronic image, or other visual or print medium other than material specifically used by a licensed medical professional or mental health professional, or both, for the purpose of assessment, evaluation, and treatment of a sex offender.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-27-302
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-27-302. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-64-101. Definitions.
As used in this chapter:
(1) “Administer” means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means to the body of a patient or research subject by:
(A) A practitioner; or
(B) The patient or research subject at the direction and in the presence of the practitioner;
(2)(A) “Agent” means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser.
(B) “Agent” does not include a common or contract carrier, public warehouseman, or employee of the common or contract carrier or warehouseman;
(3)(A) “Anabolic steroid” means any drug or hormonal substance, chemically and pharmacologically related to testosterone, other than estrogens, progestin, and corticosteroid that promotes muscle growth.
(B)(i) “Anabolic steroid” does not include an anabolic steroid that is expressly intended for administration through an implant to cattle or another nonhuman species and that has been approved by the Secretary of the Department of Health for such administration.
(ii) If any person prescribes, dispenses, or distributes a steroid described in subdivision (3)(B)(i) of this section for human use, the person is considered to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of this subdivision (3);
(4) “Controlled substance” means a drug, substance, or immediate precursor in Schedules I through VI;
(5)(A) “Counterfeit substance” means a noncontrolled substance, that by overall dosage unit appearance including color, shape, size, markings, packaging, labeling, and overall appearance or upon the basis of representations made to the recipient, purports to be a controlled substance or to have the physical or psychol
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-64-101. This identifies an authority to review, not proof of applicability.