475.910
Application of controlled substance to the body of another person; prohibition. Except as authorized by ORS
475.005 to 475.285 or 475.752 to 475.980, it is unlawful for any person to
intentionally apply a controlled substance to the body of another person by
injection, inhalation, ingestion or any other means if the other person is
under 18 years of age. A person who violates this section with respect to:
(1) A controlled
substance in Schedule I or II, is guilty of a Class A felony classified as
crime category 9 of the sentencing guidelines grid of the Oregon Criminal
Justice Commission.
(2) A controlled
substance in Schedule III, is guilty of a Class B felony classified as crime
category 8 of the sentencing guidelines grid of the Oregon Criminal Justice
Commission.
(3) A controlled
substance in Schedule IV, is guilty of a Class C felony.
(4) A controlled
substance in Schedule V, is guilty of a Class A misdemeanor. [Formerly 475.986;
2017 c.21 §30]
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 2009–2021 · leading case:
State v. Oldham, 455 P.3d 975 (Or. Ct. App. 2019).
State v. Oldham, 455 P.3d 975 (Or. Ct. App. 2019).
· cites it 16× “He supplied the 1 ORS 475.910 has been amended since defendant violated that statute.”
State v. Cervantes, 223 P.3d 425 (Or. Ct. App. 2009).
· cites it 6× “986 (2003), renumbered as ORS 475.910 (2005); and recklessly endangering another person, ORS 163.”
State v. Hylton, 501 P.3d 1081 (Or. Ct. App. 2021).
“425; one count of application of a Schedule I controlled substance to the body of another person (Count 5), ORS 475.910; one count of third-degree sodomy (Count 7), ORS 163.”
State v. Gonzales, 423 P.3d 149 (Or. Ct. App. 2018).
“*276 Defendant appeals a judgment of conviction for the offense of application of a Schedule II controlled substance to the body of another person, ORS 475.910 ; attempted *151 sexual abuse in the first degree, ORS 163.”
State v. Smoot, 432 P.3d 361 (Or. Ct. App. 2018).
“890(3), application of a schedule II controlled substance to the body of a minor, ORS 475.910(1)(a), and felon in possession of a firearm, ORS 166.”
— Or. Rev. Stat. § 475.910(1)(a) — 1 case
State v. Smoot, 432 P.3d 361 (Or. Ct. App. 2018).
“890(3), application of a schedule II controlled substance to the body of a minor, ORS 475.910(1)(a), and felon in possession of a firearm, ORS 166.”
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