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§ 11-18-33 - Defrauding the administration of a drug or alcohol test.

SECTION 11-18-33

   § 11-18-33  Defrauding the administrationof a drug or alcohol test. – (a) As used in this section, "defraud the administration of a drug or alcoholtest" means to submit a substance that purports to be from a person other thanits actual source, or purports to have been excreted or collected at a timeother than when it was actually excreted or collected, or to otherwise engagein conduct intended to produce a false or misleading outcome of a test for thepresence of alcohol or a chemical, drug or controlled dangerous substance, ormetabolite of a drug or controlled dangerous substance, in the human body. Itshall specifically include, but not be limited to, the furnishing of urine withthe purpose that the urine be submitted for urinalysis as a true specimen of aperson.

   (b) Any person who offers for sale or rental, or whomanufactures, markets, sells, transfers or gives to any person, any instrumentor tool, devise or substance adapted, designed or commonly used to defraud theadministration of a drug or alcohol test with the intent to defraud theadministration, is guilty of a misdemeanor and subject to imprisonment for upto one year and a fine of one thousand dollars ($1,000), or both.

   (c) Any person who knowingly defrauds the administration of adrug or alcohol test that is administered as a condition of monitoring a personon bail, in custody or on parole, probation or pretrial intervention, or anyother form of supervision administered in connection with a criminal offense orjuvenile delinquency matter, is guilty of a misdemeanor and subject toimprisonment for up to one year and a fine of one thousand dollars ($1,000), orboth.

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