Corrupting Another With Drugs

Columbus and Delaware, Ohio Criminal Defense Attorney

If you have been charged with a drug offense in Columbus or Delaware, Ohio, contact Johnson Legal, LLC and speak with an experienced Columbus and Delaware, Ohio criminal defense attorney. Attorney David Johnson of Johnson Legal, LLC will discuss your case and assist you in fighting the charges. Call (614) 987-0192 or send an email to schedule a consultation regarding your drug offense case.

Corrupting Another With Drugs in Ohio

Corrupting another with drugs in Ohio can lead to your arrest. Pursuant to ORC 2925.02, corrupting another with drugs is knowingly doing any of the following:

  • By force, threat or deception, administer to another or induce another to use a controlled substance;
  • By any means, administer or furnish to another or induce or cause another to use a controlled substance with purpose to cause serious physical harm to the other person, or with purpose to cause the other person to become drug dependent;
  • By any means, administer or furnish to another or induce or cause another to use a controlled substance, and thereby cause serious physical harm to the other person, or cause the other person to become drug dependent;
  • Furnish or administer a controlled substance to a juvenile who is at least two years the offender’s junior, when the offenders know the age of the juvenile or is reckless in that regard;
  • Induce or cause a juvenile who is at least two years the offender’s junior to use a controlled substance, when the offender knows the age of the juvenile or is reckless in that regard;
  • Induce or cause a juvenile who is at least two years the offender’s junior to commit a felony drug abuse offense, when the offender knows the age of the juvenile or is reckless in that regard;
  • Use a juvenile, whether or not the offender knows the age of the juvenile, to perform any surveillance activity that is intended to prevent the detection of the offender or any other person in the commission of a felony drug abuse offense or to prevent the arrest of the offender or any other person for the commission of a felony drug abuse offense; or
  • By any means, furnish or administer a controlled substance to a pregnant woman or induce or cause a pregnant woman to use a controlled substance, when the offender knows that the woman is pregnant or is reckless in that regard.

Penalties for Corrupting Another With Drugs in Ohio

The penalties in Ohio for corrupting another with drugs depends on the type of drug involved, whether the offense was committed in the vicinity of a school, and who the victim of the offense. If the drug involved in the offense is included in Schedule I or II, with limited exceptions (e.g., marijuana), corrupting another with drugs is a 1st or 2nd degree felony. Both offenses carry a mandatory prison term of at least 2 years in prison. If the offense is committed in the vicinity of a school, the offense is enhanced to a 1st degree felony and a mandatory prison term of at least 3 years is applied.

If the drug involved in the offense is included in Schedule III, IV or V, corrupting another with drugs is a 2nd degree felony, with a presumption of a prison term. If the offense is committed in the vicinity of a school, the offense is a 2nd degree felony. However, the court will impose a mandatory prison term of at least 2 years.

If the drug involved in the offense is marijuana, corrupting another with drugs is a 4th degree felony and ORC 2929.13(C) applies in determining whether to impose a prison sentence. If the offense is committed in the vicinity of a school, the offense is enhanced to a 3rd degree felony and ORC 2929.13(C) applies in determining whether to impose a prison sentence.

If the offense involves a pregnant woman, different rules are applied. If the drug is a Schedule I or II, with limited exceptions (e.g., marijuana), corrupting another with drugs is a 1st degree felony, and a mandatory prison term of at least 3 years is applied. If the offense involves a Schedule III, IV or V, corrupting another with drugs is a 2nd degree felony, and a mandatory prison term of at least 2 years is applied. If the offense involves marijuana, corrupting another with drugs is a 3rd degree felony, which IRC 2929.13(C) determining if a prison sentence will be applied.

Secondary Penalties for Corrupting Another With Drugs in Ohio

In addition to a prison sentence, corrupting another with drugs also carries a mandatory fine for the offense charged, a 6 month – 5 year driver’s license suspension, and if the person is professionally licensed, immediate notification of conviction to the licensing board pursuant to ORC 2925.38. Furthermore, corrupting another with drugs will be on your criminal record, making it difficult to obtain student loans, secure employment, or live where you desire.

Defenses to Corrupting Another With Drugs in Ohio

Common defenses to corrupting another with drugs include the victim suffering no physical harm, the alleged offender being unaware of the victim’s age and a felony drug abuse offense was not committed by the victim. One case, State of Ohio v. Clemons, held that a pregnant woman who used marijuana during the entire course of her pregnancy, and ingested Percocet prior to giving birth, was not guilty of corrupting another with drugs. While the Court of Appeals agreed with the trial court that the term “another,” using common sense, can mean “person,” the court held that the definition of “person” under ORC 2901.01 cannot be applied to a pregnant woman and her unborn child. That section “essentially protects conduct by a woman during her pregnancy that might or does result in the injury, illness, impairment or death of her child, either before or after its birth.”

Columbus and Delaware, Ohio Drug Attorney

If you have been charged with a drug offense in Columbus or Delaware, Ohio, contact Johnson Legal, LLC and speak with an experienced Columbus and Delaware, Ohio drug attorney. Attorney David Johnson of Johnson Legal, LLC will discuss your case and assist you in fighting the charges. Call (614) 987-0192 or send an email to schedule a consultation regarding your drug offense case. For more information, consult Johnson Legal, LLC’s drug crimes blog.