New South Wales Consolidated Acts

CRIMES ACT 1900 - SECT 38A

38A Spiking drink or food

(1) In this section--

"harm" includes an impairment of the senses or understanding of a person that the person might reasonably be expected to object to in the circumstances.

"impair" includes further impair.

(2) A person--

(a) who causes another person to be given or to consume drink or food--

(i) containing an intoxicating substance that the other person is not aware it contains, or

(ii) containing more of an intoxicating substance than the other person would reasonably expect it to contain, and

(b) who intends a person to be harmed by the consumption of the drink or food,

is guilty of an offence.

: Maximum penalty--Imprisonment for 2 years or 100 penalty units, or both.

(3) For the purposes of this section, giving a person drink or food includes preparing the drink or food for the person or making it available for consumption by the person.

(4) A person does not commit an offence against this section if the person has reasonable cause to believe that each person who was likely to consume the drink or food would not have objected to consuming the drink or food if the person had been aware of the presence and quantity of the intoxicating substance in the drink or food.

(5) A person who uses an intoxicating substance in the course of any medical, dental or other health professional practice does not commit an offence against this section.

(6) An offence against this section is a summary offence.