The laws against spiking a person’s drink will vary from state to state.
In Colorado, where you are from, the two most likely offenses are Consumption by Fraudulent Means and Second Degree Assault.
The law prohibiting consumption by fraudulent means essentially states that it is unlawful to cause an individual to unknowingly consume a controlled substance surreptitiously or by means of fraud, misrepresentation, deception, or subterfuge.
The crime of Second degree Assault may be charged if a person intentionally, and for a purpose other than lawful medical or therapeutic treatment, causes stupor, unconsciousness, or other physical or mental impairment or injury to another individual by administering a drug or substance without his or her consent.
Both offenses are class 4 felonies. One could also be charged with conspiracy or attempt to commit either offense, which would be a class a 5 felony.
A class 4 felony in Colorado carries a presumptive sentence of between 2 and 6 years in prison, and a fine.
If the drug used to spike the drink is one commonly known as a “date rape drug,” such as GHB, Ketamine or Rohypnol, and sexual contact occurred after the person consumed the drink with the added drug, sexual assault or attempted sexual assault charges may be filed.
Jeralyn Merritt, Ask a Lawyer Panelist Since 1998.