Putting a drug or other substance in someone’s drink (or any consumable product, including medication) without their knowledge to get them intoxicated or increase their intoxication can now result in a felony charge in Tennessee.
Prior to the change, which took effect this summer, prosecutors had to prove that a defendant intended to cause injury or death to convict them of a crime. That’s no longer necessary. Under the new law, a person can be convicted if they intended to cause “involuntary intoxication” even if they argue that they had no intention of harming them.
Intent to cause involuntary intoxication is a Class D felony, which carries a prison term of up to 12 years and a fine of $5,000. Offenses that involve intent to cause bodily injury or death are higher-level felonies that carry even more serious penalties.
More about the new law
The vast majority (nearly 80% according to one study) of victims of drink spiking are female. Often the contaminating drug or other substance that’s used causes memory loss or blackouts, among other effects
“Drink spiking” is often done for the purpose of committing sexual assault that a victim barely remembers or isn’t even aware happened. That’s why the substances used to produce this effect are widely known as “date rape” drugs.
Originally, the law included a requirement for bars and any restaurants that sell liquor to stock test strips or other devices and provide them to customers free or at minimal cost. That didn’t make it into the final law. However, some venues – particularly bars – do carry them.
Note that the alleged “drink spiking” or other contamination doesn’t have to occur in a public venue to be a crime. It can occur in a home or any other location.
It can be difficult to prove that a specific individual was responsible for spiking someone’s drink – particularly in a public place. Anyone who is charged with this offense should take the matter seriously and get experienced legal guidance as early as possible to protect their rights and make their case effectively.