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  • Acts
  • 1998
  • Chapter 232 AN ACT RELATIVE TO THE PREVENTION OF DRUG INDUCED RAPE AND KIDNAPPING.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to prevent forthwith drug induced rape and kidnapping, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.


Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


SECTION 1. Class A of section 31 of chapter 94C of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by adding the following paragraph:-

(c) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation that contains any quantity of the following substances including its salts, isomers and salts of isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designations:

(1) Flunitrazepam

(2) Gamma Hydroxy Butyric Acid

(3) Ketamine Hydrochloride.

SECTION 2. Chapter 265 of the General Laws is hereby amended by inserting after section 26A the following section:-

Section 26B. Whoever applies, administers to or causes to be taken by a person any drug, matter or thing with intent to stupefy or overpower such person so as to, without lawful authority, forcibly or secretly confine or imprison another person within the commonwealth against his will or to forcibly carry or send such person out of the commonwealth, or to forcibly seize and confine or inveigle or kidnap such person with intent to cause him to be secretly confined or imprisoned in the commonwealth against his will, or to cause him to be sent out of the commonwealth against his will or in any way held to service against his will, shall be punished by imprisonment in the state prison for life or for any term of years not less than ten years. Whoever violates the provisions of this section with the intent to extort money or other valuable thing thereby shall be punished by imprisonment in the state prison for life or for any term of years not less than 15 years.

SECTION 3. Chapter 272 of the General Laws is hereby amended by striking out sections 3 and 4, as so appearing, and inserting in place thereof the following two sections:-

Section 3. Whoever applies, administers to or causes to be taken by a person any drug, matter or thing with intent to stupefy or overpower such person so as to thereby enable any person to have sexual intercourse or unnatural sexual intercourse with such person shall be punished by imprisonment in the state prison for life or for any term of years not less than ten years.

Section 4. Whoever induces any person under 18 years of age of chaste life to have unlawful sexual intercourse shall be punished by imprisonment in the state prison for not more than three years or in a jail or house of correction for not more than two and one-half years or by a fine of not more than $1,000 or by both such fine and imprisonment.

SECTION 4. Section 11 of said chapter 272, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words "two to six, inclusive," and inserting in place thereof the following words:- 2, 4 and 6.

Approved August 7, 1998.