Administering a dangerous or stupefying drug defense - Wis. Stat. 941.32

Administering a dangerous or stupefying drug is a felony in Wisconsin.  Our criminal defense attorneys fight this charge.  (414) 270-0202

Administering a dangerous or stupefying drug is a criminal charge commonly associated with the use of date rape substances.  This certainly isn’t the only way the law works in Wisconsin, but it’s clear that lawmakers were focused on that situation when creating it.  Importantly, actual sexual assault of an individual under the influence of a drug or intoxicant is punishable under a completely separate statute.  This offense focuses on simply administering, or causing someone to ingest, a poisonous, stupefying, overpowering, narcotic, or anesthetic substance.

Administering a dangerous or stupefying drug is a Class F felony in Wisconsin.  This is a serious criminal charge that carries a maximum penalty of 12.5 years prison, $25,000.00 in fines, or both.  The 12.5 year prison term breaks down into 7.5 years initial confinement followed by 5 years extended supervision.  While this is certainly not the most aggravated felony in Wisconsin, numerous years in prison is a very serious potential result.  No mandatory minimum penalty applies, but prosecutors and courts will certainly handle this charge in an aggressive manner.

Van Severen Law Office, S.C. is a criminal defense law firm based in Milwaukee, WI.  Our criminal defense attorneys represent individuals facing sexual assault (and sexual assault adjacent) charges throughout the state.  We work on cases involving administering a dangerous or stupefying drug. We understand that discretion is important to our clients, and offer consultations over the phone or in person.  Contact us at (414) 270-0202, and let’s figure out how we can help fight the charges you’re facing.

Section 941.32 of the Wisconsin Statutes – Administering a dangerous or stupefying drug

Section 941.32 of the Wisconsin Statutes provides the law regarding this crime.  It indicates the following:

Administering dangerous or stupefying drug. Whoever administers to another or causes another to take any poisonous, stupefying, overpowering, narcotic or anesthetic substance with intent thereby to facilitate the commission of a crime is guilty of a Class F felony.

You’ll quickly notice that specific substances aren’t listed or required by the statute.  The statute doesn’t list drugs we typically recognize as “date rape” drugs, like Rohypnol (roofies) or GHB.  By not providing a list, and instead focusing on all “poisonous, stupefying, overpowering, narcotic, or anesthetic” substances, this law applies to a broader group of behaviors.  Any drug used to facilitate the commission of a crime qualifies.

Wisconsin Criminal Jury Instruction 1352 – Administering a dangerous or stupefying drug

Jury instructions are an invaluable tool in the criminal justice system.  At the conclusion of a trial, the court doesn’t simply show the jury a copy of the relevant statute and ask whether the defendant’s acts satisfied it.  Instead, the court presents (usually by reading) the jury with instructions that break the statute down into smaller parts.  We call those smaller parts elements.  And the government must prove each element beyond a reasonable doubt in order to sustain a conviction against the defendant.

Wisconsin Criminal Jury Instruction 1352 provides the elements of administering a dangerous or stupefying drug:

• Firstly, the defendant administered to the victim, or caused the victim to take, a substance, and
• Secondly, the substance was poisonous, stupefying, overpowering, narcotic, or anesthetic, and
• Thirdly, the defendant acted with the intent to facilitate the commission of a crime.
  • The term “facilitate” means to make easier or less difficult.

Let’s consider an example.  Defendant and victim are friends, but defendant wants to steal money that victim is hiding in his home.  Victim allows defendant in his home for drinks.  When victim leaves the room, the defendant roofies the victim’s drink.   Once victim is incapacitated, defendant commits the theft and leaves the residence.  This satisfies all of the elements – the defendant caused the victim to take the substance, Rohypnol is a stupefying drug, and the defendant’s purpose was to commit the theft.  This example appears to satisfy all the elements of administering a dangerous or stupefying drug.

Contact Van Severen Law Office, S.C. for help.

A conviction for a criminal charge like this will change the rest of your life.  If you’re convicted of administering a dangerous or stupefying drug, you face fines, time incarcerated, the negative stigmas associated with a conviction, and the collateral consequences associated with a felony record.  Jobs will be more difficult to get, some licenses and other professional qualifications, degrees, and certificates will no longer be available to you, and you’ll never be able to possess a firearm for the rest of your life.  Obviously this is serious.

At Van Severen Law Office, S.C., we’re just as serious.  Defending individuals accused of this stuff is all we do, and we’re very good at it.  Our entire staff is dedicated to criminal defense.  We don’t handle civil law, such as divorces, contracts, or other areas of law irrelevant to what you’re dealing with.  And finally, we offer free consultations to potential clients.  Contact us at (414) 270-0202, and let’s figure out how we can help you fight your case.