PC 222: Drugging a Victim to Commit a Felony- What You Need to Know
Legal Definition: “Every person guilty of administering to another any chloroform, ether, laudanum, or any controlled substance, anesthetic, or intoxicating agent, with intent thereby to enable or assist himself or herself or any other person to commit a felony, is guilty of a felony punishable by imprisonment…”
According to the law, administering certain substances to another person with the intention of enabling or assisting oneself or someone else to commit a felony is considered a felony itself. This includes substances like chloroform, ether, laudanum, controlled substances, anesthetics, or intoxicating agents. If found guilty, imprisonment is a possible punishment.
To prove a case under PC 222, the prosecution needs to demonstrate the following:
- You administered a controlled substance or an intoxicating substance to someone.
- You did so with the intent of aiding yourself in committing a crime against that person while they were unconscious.
- Your ultimate objective was to commit a felony crime with the victim while they were unconscious.
PC 222: Understanding the Implications
This law makes it illegal to drug someone in order to commit a crime against them. For example, slipping roofies into someone’s drink at a party or bar falls under this section. Even if the person did not consume the drink, the intent to render the person unconscious for the purpose of committing a felony is enough to warrant arrest under PC 222.
Furthermore, it is crucial to note that the use of substances to facilitate the commission of a felony is a required element of this crime. Additional charges can be applied if the felony is successfully completed. For instance, if a person drugged someone and went on to commit rape, they would be charged with both rape and violating PC 222 for drugging the victim to facilitate the felony offense.
It is essential to establish the intent to use the drug(s) to commit a felony. If the intent was merely to render someone unconscious or commit a misdemeanor offense such as Sexual Battery, the offense would be treated as a misdemeanor charge, not a felony. However, the defendant would still face charges for the misdemeanor offense, even if the prosecution cannot prove a felony was intended.
Given the severity of these accusations, it is highly likely that the prosecution will find a way to prove the intent to commit a felony by drugging another person.
Inland Empire Criminal Defense: Penalties for Spousal Rape and Drugging a Victim
Facing a felony conviction for Spousal Rape under PC 222 in California? Beware of the potential consequences. If found guilty of Drugging a Victim with the Intent to Commit a Felony, you could be sentenced to up to 16 months, 2 or 3 years in a State Prison. However, it doesn’t end there. In addition to other felony charges related to drugging the victim, you could be required to register as a Sex Offender if the judge determines the crime was sexually motivated.
But wait, there’s more. While not a strike offense under the California Three Strikes law, a conviction of these charges could lead to the loss of your Professional License and mandatory Deportation in Immigration Court. These crimes involving deception carry serious repercussions.
Defending Against Common Spousal Rape and Drugging Accusations
- Statute of Limitations
- Violation of Rights
- Insufficient Evidence
- Coerced Confessions
- False Accusations
In many cases, spousal rape and drugging allegations can be successfully defended, particularly when they arise from party settings. For example, imagine two people meeting at a college party, enjoying each other’s company, and ending up in a bedroom. Later, one party claims to have been drugged because they blacked out. This may be a case of false accusations stemming from confusion between intoxication and something more sinister.
If you find yourself arrested and accused in such a scenario, a strong defense is to challenge whether the alleged victim was actually drugged. Did they seek medical attention and have their blood tested for unnatural substances? Without evidence, it becomes a “he said vs. she said” situation. While a lack of a proper drug test can help your defense, it’s important to recognize that delaying a report to the police may have other reasons, such as fear or shame.
While attempting to chloroform someone would not be considered a false accusation, it is still crucial for the prosecution to prove your intent to commit a felony against an unconscious victim. Failing to provide sufficient evidence of intent can weaken the case against you under PC 222. Defenses are available, even in less common scenarios involving other controlled substances.
Don’t let false accusations or insufficient evidence ruin your life. When facing spousal rape or drugging charges, consult with our Inland Empire criminal defense team to mount a strong defense on your behalf.
Inland Empire Criminal Defense: Protecting Your Rights
Facing a felony accusation is a monumental ordeal, one that carries the weight to alter lives profoundly and permanently. For young individuals, especially, the consequences can be devastating—a promising future derailed by false accusations. Although felony crimes, as depicted in movies, can involve acts such as chloroforming a victim, in reality, charges often arise from allegations of administering a ‘roofie,’ or date rape drug, to another person.
At Inland Empire Criminal Defense, our seasoned Ontario PC 222 attorney champions the defense of those unjustly accused. With a robust track record that includes the successful defense of thousands of criminal offenses in California—including critical charges under PC 222 — our team is steadfastly committed to safeguarding your rights and your future.
Don’t allow an accusation to dictate your life’s course. Act swiftly and decisively. Call Inland Empire Criminal Defense—your local Rancho Cucamonga Criminal Defense Attorney—at 909-939-7126. Secure a defender who is well-versed in California criminal law and dedicated to fighting for your freedom. Our office is conveniently located in Ontario, ensuring we’re nearby when you need us most.