California Penal Code §222 — Administering Stupefying Drugs
PC §222 makes it a felony to administer any chloroform, ether, laudanum, or any controlled substance, anesthetic, or intoxicating agent to another person with the specific intent to enable or assist any person to commit a felony. Exposure is 16 months, 2, or 3 years state prison under PC §1170(h).
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Administering Stupefying Drugs Cases in All LA County Courts
01 — Quick Facts
PC §222 — Administering Stupefying Drugs at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §222 — Administering Stupefying Drug or Substance to Assist Felony |
| Code Type | Penal Code (PC) |
| Classification | Felony (§1170(h)) |
| Prison Term | 16 months, 2, or 3 years |
| Fine | Up to $10,000 |
| Strike | No (but often charged with §261/§220 which are strikes) |
| Probation | Formal — available in the court's discretion |
| Sex Registration | Not by §222 alone; triggered if paired §261/§286/§287/§289 |
| Expungeable | Yes under PC §1203.4 if probation completed and no prison |
| Immigration | CIMT — deportable / inadmissible; controlled-substance offense if drug listed |
| Related Codes | PC §261 (rape by intoxication), §286(i), §287(i), §289(e) — drugged-victim sex offenses |
| If Charged | Call (213) 723-2337 immediately |
01 — What Is PC §222?
What Is California Penal Code §222?
PC §222 Reads:
"Every person guilty of administering to another any chloroform, ether, laudanum, or any controlled substance, anesthetic, or intoxicating agent, with intent thereby to enable or assist himself or any other person to commit a felony, is guilty of a felony."
— California Penal Code §222
California Penal Code §222 criminalizes the surreptitious or forcible administration of stupefying substances — the classic 'drink-spiking' or 'date-rape drug' statute — when done with intent to facilitate a felony. The target felony is most often rape by intoxication (PC §261(a)(3)), sodomy (PC §286(i)), oral copulation (PC §287(i)), sexual penetration (PC §289(e)), or robbery. §222 punishes the administration itself; the target felony need not be completed.
§222 vs. §261(a)(3) Rape by Intoxication
PC §261(a)(3) punishes the sex act on an intoxicated victim; PC §222 punishes the act of drugging done to enable that sex act. Prosecutors routinely charge both counts, treating §222 as the 'preparatory' offense and §261/§286/§287/§289 as the 'completed' offense. Because §222 requires only specific intent — not the completed felony — a defendant can be convicted of §222 even when the target sex act never occurred.
Why This Law Matters
PC §222 is a specific-intent felony with severe collateral consequences: state prison, CIMT immigration exposure, controlled-substance immigration exposure when a scheduled drug is used, and near-automatic pairing with strike-level PC §261/§220 counts. Los Angeles County prosecutors file §222 in date-rape investigations, robbery-by-intoxication cases, and elder-abuse financial-exploitation fact patterns. Rubin Law, P.C. defends by attacking the specific-intent element, the identity of the substance, and the causation chain between administration and the alleged target felony.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §222
To convict under PC §222 the prosecution must prove each of the following beyond a reasonable doubt (CALCRIM 970).
Administered a Chloroform, Ether, Laudanum, Controlled Substance, Anesthetic, or Intoxicating Agent
The statute lists specific substances plus the catch-all 'intoxicating agent.' Alcohol qualifies, as do prescription sedatives, GHB, Rohypnol, ketamine, MDMA, and any DEA-scheduled controlled substance. Toxicology proof is the pivotal forensic issue.
Administered to Another Person
Administration means causing the substance to enter the victim's body — pouring it into a drink, injecting it, or persuading the victim to ingest it under false pretenses. Self-ingestion by the victim without deception is not §222.
Specific Intent to Enable or Assist Commission of a Felony
This is the critical mens rea. The prosecution must prove the defendant administered the substance FOR THE PURPOSE of enabling a felony — most commonly rape by intoxication, robbery, or kidnapping. General recklessness or party-culture drug-sharing is not §222.
04 — Penalties
Penalties for PC §222 Administering Stupefying Drugs in California
PC §222 is a straight §1170(h) felony with the following exposure.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Felony §222 | PC §222 | 16 months, 2, or 3 years county jail (§1170(h)) | Formal — discretionary | No |
| §222 + Completed §261(a)(3) Rape | PC §222 / §261(a)(3) | 16m–3y + 3, 6, or 8 years state prison (strike) | Rare | Yes (via §261) |
| §222 + Great Bodily Injury (§12022.7) | PC §222 / §12022.7 | 16m–3y + 3–6 years consecutive | Rare | Yes |
Sentencing Enhancements
Great Bodily Injury (PC §12022.7)
PC §12022.7
Overdose, aspiration, or lasting neurological harm to the victim adds 3–6 years consecutive.
Elderly / Dependent Adult Victim (PC §368)
PC §368
When the victim is 65+ or a dependent adult, elder-abuse enhancements and separate §368 counts attach.
Multiple Victims / Course of Conduct
PC §667.61
Multiple §222-facilitated sex offenses trigger One Strike sentencing on the underlying §261/§289 counts (25-to-life).
Additional Consequences Beyond Prison
- CIMT — deportable and inadmissible for non-citizens
- Controlled-substance immigration exposure under INA §237(a)(2)(B) when a scheduled drug was used
- Professional license revocation (medical, nursing, pharmacy, teaching)
- Firearms ban for 10 years (misdemeanor) or lifetime (felony) under PC §29800
- Sex-registration exposure when paired with §261/§286/§287/§289 counts
- Civil liability under Civ. Code §52.4 and dram-shop / negligent-administration theories
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §222 Administering Stupefying Drugs Charges
Rubin Law, P.C. defends §222 charges by attacking specific intent, substance identification, and the administration-vs-consumption distinction.
No Specific Intent to Facilitate Felony
The strongest §222 defense is showing the substance was shared socially, medicinally, or recreationally without felonious purpose. Absent proof of intent to commit rape, robbery, or other target felony, §222 fails.
Mens rea
Voluntary Consumption by Alleged Victim
If the victim knowingly and voluntarily consumed the substance, there was no 'administration' under §222. Text messages, social-media posts, and witness accounts of shared drug use defeat the administration element.
Consent
Substance Not Within §222
Toxicology attack — the substance may not qualify as an intoxicating agent, or lab results may be unreliable due to chain-of-custody failures, contamination, or false positives on immunoassay screens without GC-MS confirmation.
Forensics
Mistaken Identity / False Report
Some §222 allegations arise from post-consensual-encounter regret or custody-dispute leverage. Surveillance footage, witnesses, and phone-location data can disprove administration.
Identity
Suppression of Toxicology (PC §1538.5)
Warrantless blood draws, coerced consent, or Schmerber violations support suppression motions that gut the People's forensic case.
4th Amendment
Constitutional Sources
07 — Court Process
How PC §222 Administering Stupefying Drugs Cases Move Through Los Angeles Courts
§222 cases proceed through the following stages.
- 1
Step 1 — Investigation
SART exam, victim blood/urine toxicology (GHB has a ~12-hour detection window), scene search for drug residue, and text/social-media forensics.
- 2
Step 2 — Filing / Arraignment
Felony complaint. Bail commonly $100,000+ when paired with §261 or §220. Arraignment within 48 hours.
- 3
Step 3 — Preliminary Hearing
Prima-facie showing on administration, substance identity, and felonious intent. Cross-examination of the criminalist on toxicology methodology is central.
- 4
Step 4 — Discovery
Police reports, SART records, toxicology worksheets, chain-of-custody logs, surveillance footage, texts, DMs, and rideshare records.
- 5
Step 5 — Pretrial Motions
PC §1538.5 (blood-draw suppression), Kelly-Frye challenges to novel toxicology, §995 dismissal, and PC §17(b) reduction where paired felonies are dismissed.
- 6
Step 6 — Trial
CALCRIM 970. Typically 5–8 court days. Toxicology, victim testimony, and defendant statements dominate.
- 7
Step 7 — Sentencing
State prison 16m–3y (§1170(h)), plus consecutive time on any completed sex or robbery count. Formal probation possible on the §222 count alone.
Los Angeles Courts That Handle PC §222 Administering Stupefying Drugs Cases
§222 filings occur in the courthouse serving the location of the alleged administration.
Clara Shortridge Foltz Criminal Justice Center
Central LA — high-profile drug-facilitated sex-crime trials.
Van Nuys Courthouse East
San Fernando Valley cases.
Airport Courthouse
West LA / nightlife-district cases.
Long Beach Courthouse
South Bay cases.
Pasadena Courthouse
Pasadena / San Gabriel Valley cases.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Administering Stupefying Drugs Defense Attorney
Daniel S. Rubin has defended clients charged with administering stupefying drugs and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §222 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Administering Stupefying Drugs Cases Throughout LA County
See our full Administering Stupefying Drugs defense practice
09 — FAQs
PC §222 Administering Stupefying Drugs Questions — Los Angeles
What is the penalty for PC §222?
PC §222 is a felony punishable by 16 months, 2, or 3 years in county jail under PC §1170(h), plus fines up to $10,000. When paired with a completed sex offense such as PC §261(a)(3), exposure balloons to state prison and strike status.
Does the target felony have to be completed?
No. §222 punishes the administration itself when done with intent to enable a felony. The prosecution can convict even when the target rape, robbery, or other felony was never completed — as long as specific intent is proven.
Is PC §222 a strike?
PC §222 by itself is not a strike. However, it is almost always charged with PC §261, §286, §287, §289, or §220 — all of which ARE strikes and carry lifetime sex-registration.
Will I have to register as a sex offender?
Not for §222 by itself. But when paired with §261, §286, §287, §289, or §220 — the typical charging pattern — lifetime PC §290 registration is required on conviction of the paired count.
Can §222 be expunged?
Yes, if the defendant received probation (not state prison) and completed all terms, PC §1203.4 expungement is available. State-prison sentences bar §1203.4 relief.
Is §222 deportable?
Yes. §222 is a crime involving moral turpitude and — when the drug used is a controlled substance — a deportable controlled-substance offense under INA §237(a)(2)(B). Non-citizens face severe immigration consequences.
Does alcohol count as an 'intoxicating agent'?
Yes. Courts have held that alcohol qualifies as an intoxicating agent under §222 when secretly added to a drink or given under false pretenses to facilitate a felony.
Available 24/7 — Free Consultation
Charged with Administering Stupefying Drugs Under PC §222?
§222 is a specific-intent felony almost always paired with strike-level sex-crime counts. Rubin Law, P.C. attacks toxicology, intent, and administration. Call (213) 723-2337.