new york penal code 220 46 criminal injection of a narcotic drug

New York Penal Code 220.46 makes it a crime to inject another person with a narcotic drug using a hypodermic needle or other instrument. This law prohibits the non-medical injection of controlled substances into another person. Let’s break down this statute and look at some key aspects.

The Law

According to New York Penal Code §220.46, “A person is guilty of criminal injection of a narcotic drug when he knowingly and unlawfully possesses a narcotic drug and when he intentionally injects by means of a hypodermic syringe or any other instrument into the body of another person without such person’s consent the narcotic drug which he knowingly and unlawfully possesses.”

So in plain English, this law makes it illegal to:

• Possess a narcotic drug unlawfully
• Inject another person with that narcotic drug using a needle or other instrument
• Do this without the other person’s consent

The crime requires that the defendant knew the drug was unlawful to possess and intentionally injected it into another. Accidental injection would not qualify. Consent is also a defense, as the injection must be “without such person’s consent.”

Key Elements

To be convicted under this statute, the prosecution must prove these key elements:

1. The defendant possessed a narcotic drug
2. The defendant knew this possession was unlawful
3. The defendant intentionally injected another person with the narcotic drug
4. The injection was done without the person’s consent
5. The injection was done using a hypodermic needle or other instrument

The prosecution has to prove each of these elements beyond a reasonable doubt. Let’s look at some of the terms used in more detail.

DEFENSE TEAM SPOTLIGHT

Todd Spodek

Lead Attorney & Founder

Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.

NY Bar Admitted Multi-State Licensed Federal Courts

Meet the Full Team

Narcotic Drug

Under New York law, “narcotic drug” refers to opium, cocaine, heroin, morphine and certain chemical derivatives of these substances. The specific narcotic drugs included are defined in New York Public Health Law §3306. So the drug injected has to be one of these illegal narcotics.

Legal Scenario: What Would You Do?

Scenario

You were at a gathering where a friend asked you to help them inject heroin because their hands were shaking too badly to do it themselves. You reluctantly agreed, and now you've learned that someone at the party reported the incident to police.

Can I really be charged with a crime just for helping someone inject a drug they already had and wanted to use?

Attorney's Answer

Yes, under New York Penal Code §220.46, it is a Class E felony to knowingly and unlawfully inject another person with a narcotic drug, regardless of whether that person consented to the injection. The statute does not require that you supplied the drug — the act of physically injecting another person is itself the crime. A Class E felony conviction can carry up to four years in prison. However, a skilled defense attorney may explore whether the evidence truly establishes that you performed the injection, challenge the identification of the substance as a narcotic, or argue circumstances that could lead to reduced charges.

This is general information only. Contact us for advice specific to your situation.

Unlawful Possession

To be guilty under this statute, the defendant must have known their possession of the narcotic drug was unlawful. This means they knowingly possessed an illegal substance without a valid prescription or other authorization. Possessing a properly prescribed narcotic drug and injecting it into the patient would not violate this law.

Injection Instrument