2.5Controlled Substance or Gamma-Butyrolactone (GBL)–Delivery to Commit or Attempt to Commit Criminal Sexual Conduct
“A person who, without an individual’s consent, delivers a controlled substance or a substance described in [MCL 333.7401b1] or causes a controlled substance or a substance described in [MCL 333.7401b] to be delivered to that individual to commit or attempt to commit a violation of . . . MCL 750.520b, MCL 750.520c, MCL 750.520d, MCL 750.520e, [or] MCL 750.520g, against that individual is guilty of a felony[.]” MCL 333.7401a(1).
B.Relevant Jury Instructions2
•M Crim JI 12.2 addresses the unlawful delivery of a controlled substance.
•M Crim JI 12.3 addresses the unlawful possession of a controlled substance with the intent to deliver.
A conviction for delivering a controlled substance or gamma-butyrolactone (GBL) to a person without that person’s permission and with the intent of committing or attempting to commit criminal sexual conduct (CSC) against that person is a felony punishable by imprisonment for not more than 20 years. MCL 333.7401a(1).
Conviction under MCL 333.7401a does not require that a defendant be convicted of committing or attempting to commit any of the CSC offenses listed in the statute. MCL 333.7401a(3).
In addition to a conviction and sentence under MCL 333.7401a, a defendant may be convicted and sentenced for any other crime arising from the same transaction as the MCL 333.7401a conviction. MCL 333.7401a(2).
1 The substances described in MCL 333.7401b are “[GBL] or any material, compound, mixture, or preparation containing [GBL].” See discussion of the meaning of the term mixture in Section 2.2(C).
2 Note that the jury instructions apply to controlled substances and do not specifically reference GBL.