Penal Code 222 PC | Administering Drugs to Commit Felony

Penal Code 222 PC – Administering Drugs to Commit Felony

Penal Code 222 PC is a California law that makes it illegal to administer drugs or intoxicating substances to another person in order to commit a felony crime against them. This law covers things like slipping drugs into someone’s drink at a bar or party in order to take advantage of them sexually. It’s an important law that helps protect people from predatory behavior. But it can also be misused in false accusations. Let’s take a closer look at what PC 222 is all about.

What Does PC 222 Prohibit?

The legal definition of PC 222 states: “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…”

In plain English, this law makes it illegal to drug someone in order to commit a felony crime against them. For example:

• Slipping a “date rape” drug like Rohypnol or GHB into someone’s drink at a party or bar to take advantage of them sexually.
• Using chloroform or ether to knock someone unconscious in order to rob them.
• Mixing a sleeping pill into someone’s food or drink to burglarize their home while they are asleep.

Even if the person doesn’t end up consuming the tainted drink or food, the intent to render them unconscious to commit a felony is enough to violate PC 222 and lead to criminal charges.

Proving a Violation of PC 222

For prosecutors to convict someone under PC 222, they need to prove these key elements:

1. The defendant administered a controlled substance or intoxicating agent to the victim.
2. They did so with the specific intent to commit a felony crime against the victim while they were unconscious or incapacitated.
3. The intended end goal was to commit a felony offense.

The key is being able to demonstrate the intent to use the drugs to facilitate a felony. If the prosecution can’t prove that intent, then the charges may be reduced to a misdemeanor depending on the circumstances.

Penalties for Violating PC 222

A conviction under PC 222 is a felony offense. The potential penalties include:

• 16 months, 2 years or 3 years in state prison
• Up to $10,000 in fines
• Mandatory counseling or drug treatment programs
• Having to register as a sex offender if the intended felony was sexually motivated
• Loss of professional licenses
• Possible deportation for non-citizens

As you can see, a conviction under this law can completely derail someone’s life and future prospects. That’s why mounting a strong defense is so critical.

Defending Against False Accusations

While drugging someone to take advantage of them is unquestionably wrong, false accusations do happen. For example, someone may lie and say you slipped something into their drink when you didn’t. Or they may have taken drugs voluntarily but later claim you drugged them. There are a few effective defense strategies in these situations:

• Lack of evidence – If the alleged victim didn’t get a blood test, there may be no proof that drugs were involuntarily administered. This turns it into a “he said, she said” case.
• No felony proven – The prosecution has to prove your intent was to commit a felony. If they can’t, the charges may be reduced or dropped.
• Statute of limitations – For adult victims, there is a 3 year statute of limitations on bringing charges under PC 222.
• False accusations – While rare, false accusations do happen and an experienced lawyer can help expose inconsistencies and lies.

Fighting back against a PC 222 charge requires having an aggressive defense lawyer on your side. Don’t leave your future in the hands of overzealous prosecutors.

The Bottom Line on PC 222

Getting accused of drugging someone to commit a felony can be a terrifying experience. These charges can completely ruin someone’s life if they result in a conviction. That’s why it’s critical to immediately retain an experienced criminal defense lawyer if you find yourself under investigation or arrested under PC 222.

A knowledgeable attorney can carefully examine the evidence (or lack thereof), build an effective defense strategy, negotiate with prosecutors, and take your case to trial if needed. Don’t gamble with your future – make the wise choice and fight back.

References

[1] Drugging a Victim to Commit a Felony in California (PC 222) Laws

[2] Understanding PC 222: Drugging a Victim with Intent to Commit a Felony

[3] California Penal Code § 222 PC – Administering Drugs to Commit a Felony – Shouse Law

[4] PC 222 – Unlawful Administering of Intoxicating Agent to Commit Felony – Esfandi Law

[5] Section 222 – Unlawful administering of intoxicating agent to commit felony, Cal. Pen. Code § 222 | Casetext Search + Citator

[6] Judges and Discrimination: Assessing the Theory and Practice of Criminal Sentencing