Victorian Consolidated Legislation

Summary Offences Act 1966 - SECT 41H

Food or drink spiking

41H. Food or drink spiking



(1) In this section-

give, in relation to food or drink, includes-

   (a)  prepare food or drink; and

   (b)  make food or drink available for consumption; harm includes impair the
        senses or understanding of a person in a way that the person might
        reasonably be expected to object to in the circumstances; impair
        includes further impair; intoxicating substance includes any substance
        that affects a person's senses or understanding.

(2) A person-

   (a)  who gives another person (the victim), or causes the victim to be
        given or to consume, food or drink that contains an intoxicating
        substance; and

   (b)  who-

   (i)  knows that the victim is not aware, or is reckless as to whether the
        victim is aware, that the food or drink contains the intoxicating
        substance; or

   (ii) knows that the victim is not aware, or is reckless as to whether the
        victim is aware, that the food or drink contains more of an
        intoxicating substance than the victim would reasonably expect it to
        contain; and

   (c)  who intends the victim to be harmed by the consumption of that food or
        drink-

is guilty of an offence and liable to a term of imprisonment not exceeding 2
years.

Division 5-Tattooing of juveniles