41HFood 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. Pt 1 Div. 4C (Heading) amended by No. 27/2023 s. 4. Pt 1 Div. 4C (Heading and ss 41I–41M) inserted by No. 29/2022 s. 3.