Date Drugs Penalties in Minnesota
2 years ago by Brian
What Are the Date Assault Drugs and Penalties for Using Them in Minnesota?
During a Committee on Commerce hearing in the U.S. House of Representatives in 1999, committee members introduced and defined the use of date drugs, which still applies today.
The U.S. government report defined date assault drugs as legal drugs sold on the street used to incapacitate women or to get them high, making them vulnerable to sexual assault.
Drugs, such as GHB and Ketamine, produce a deep sleep that causes the victim to black out.
Because the substances move rapidly through the system, they are hard to detect.
GHB and Its Effects
The date-rape drug gamma-hydroxybutyrate (GHB) represents a depressant that affects the central nervous system (CNS).
The clear and odorless liquid is easy to add to an alcoholic drink without another person’s knowledge.
Sometimes, it takes the form of a white powder. Also called “G,” liquid ecstasy, or soap, low doses of the substance relax the user, freeing up their inhibitions and enhancing sexual feelings.
Flunitrazepam or Rohypnol
This central nervous system depressant is similar in its make-up to Valium, but about ten times more potent. It often is known as roofies.
The odorless and tasteless tablet is crushed and slipped into drinks, producing the desired effects for as long as 12 hours.
The drug may cause amnesia, so the user cannot recall what happened while they were under the drug’s influence.
Ketamine – Vitamin K
The U.S. Drug Enforcement Administration (DEA) defines ketamine as a “club” drug often used at raves and club parties. It is manufactured as both a powder and liquid and, like the other drugs, is odorless and tasteless.
Today, rather than being sold on the street, ketamine is distributed among friends in nightclubs or at private parties. Also known as cat valium, Super K, or Vitamin K, ketamine is used as a sedative and anesthetic for both humans and animals.
Since the 1970s, the club drug has been administered as an injectable and short-acting anesthetic. Under the Controlled Substances Act, ketamine is categorized as a Schedule III non-narcotic substance.
When liquid ketamine is added to an alcoholic drink, it makes the user feel calm and relaxed. They become immobile and do not remember what happened under the effects of the drug.
The Maximum Penalty for Using or Possessing Date Assault Drugs
If you’re caught with any of the date assault drugs on your person, it is considered a Fourth Degree offense with a conviction for drug possession leading to a maximum 15-year prison term and a $100,000 fine.
If the charge is a first offense, your lawyer may be able to reduce the sentence to probation.
What Happens If You’re Charged with Date Assault?
If you are charged with date assault in Minnesota, you need to find out how the law in the state defines date assault first. Rather than basing this type of crime on using force, it is determined by consent instead.
In many cases, the defense for date assault turns into a “he said, she said” scenario. If the prosecutor cannot show a lack of consent or come up with DNA proof, the defense attorney can get the case dismissed. In these instances, the evidence, at the most, may show that there was sexual contact.
In Minnesota, assault and sexual assault are defined as criminal sexual conduct, with charges for sex crimes ranging from First Degree to Fifth Degree offenses, each with its own set of penalties. Courts determine penalties based on the circumstances of the crime and the victim’s age. The minimum prison sentence for the crime is 12 years – up to 30 years max with a fine of $40,000.
Contact a Woodbury, MN Sex Crimes Attorney
Whether you’re charged with possessing a date assault drug or with the crime itself, you need to rely on the services of an experienced Woodbury drug and sex crimes attorney, someone who is committed to the defense process. In Woodbury, Minnesota, contact JS Defense to discuss your case further. Call: 651-362-9426