The Bundestag has approved stricter penalties for using so-called knockout drops in cases of sexual and robbery offenses. The bill, which amends the Criminal Code, received votes of approval from the Union, the SPD, the Greens, and the left-wing party, though the AfD abstained.
Under the new rules, knockout drops will legally be treated as equivalent to weapons and knives. Consequently, the minimum prison sentence will increase from three years to five years whenever offenders employ such means.
The impetus for this legislative change stems from a decision by the Federal Court of Justice on October 8, 2024. This ruling stated that administering narcotic substances in a drink during sexual assault does not count as using a “dangerous tool.” Consequently, these specific cases have traditionally been covered by a general provision under sexual criminal law, carrying a minimum sentence of three years instead of five. Going forward, these acts will be classified as “especially severe sexual offenses.”
According to the draft, tools or means are considered dangerous if they are suitable, in the specific circumstances, to cause “significant injuries or severe health damage.” It does not require direct physical contact from the perpetrator to qualify under this definition. Explicitly, the Federal Government notes in its justification that this provision aims to encompass knockout drops, as these substances fall under the category of “poison and other harmful substances” within the definition of aggravated physical assault.
