He allegedly used a house key left inside of the 61-year-old woman’s shed and entered her residence. on August 10th in Massillon, a city outside Canton., Police say Burdette was caught on videotape as he ejaculated into a bottle of orange juice, shook it up, and put the juice back in the refrigerator. He was indicted this week for burglary and contaminating a substance for human consumption.
The indictment charges that he “did knowingly mingle a biological substance and/or harmful substance, to wit: semen, with a drink, when he knew or had reason to believe that the drink may be ingested or used by another person.”
This is a relatively uncommon charge so the Ohio code was worth looking at. It appears that he will fall under the “biological agent” category and could face 15 years.
2927.24 Contaminating substance for human consumption or use or contamination with hazardous chemical, biological, or radioactive substance – spreading false report of contamination.
(A) As used in this section:
(1) “Poison” has the same meaning as in section 3719.01 of the Revised Code.
(2) “Drug” has the same meaning as in section 4729.01 of the Revised Code.
(3) “Hazardous chemical, biological, or radioactive substance” means any of the following:
(a) Any toxic or poisonous chemical, the precursor of any toxic or poisonous chemical, or any toxin;
(b) Any disease organism or biological agent;
(c) Any substance or item that releases or is designed to release radiation or radioactivity at a level dangerous to human life.
(4) “Biological agent” means any microorganism, virus, infectious substance, or biological product that may be engineered through biotechnology, or any naturally occurring or bioengineered component of any microorganism, virus, infectious substance, or biological product that may be engineered through biotechnology, capable of causing death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism, deterioration of food, water, equipment, supplies, or material of any kind, or deleterious alteration of the environment. . . .
(B) Except as provided in division (D) of this section, no person shall do any of the following:
(1) Knowingly mingle a poison, hazardous chemical, biological, or radioactive substance, or other harmful substance with a food, drink, nonprescription drug, prescription drug, or pharmaceutical product, or knowingly place a poison, hazardous chemical, biological, or radioactive substance, or other harmful substance in a spring, well, reservoir, or public water supply, if the person knows or has reason to know that the food, drink, nonprescription drug, prescription drug, pharmaceutical product, or water may be ingested or used by another person. For purposes of this division, a person does not know or have reason to know that water may be ingested or used by another person if it is disposed of as waste into a household drain including the drain of a toilet, sink, tub, or floor. . . .
(E)
(1) Whoever violates division (B)(1) or (2) of this section is guilty of contaminating a substance for human consumption or use or contamination with a hazardous chemical, biological, or radioactive substance. Except as otherwise provided in this division, contaminating a substance for human consumption or use or contamination with a hazardous chemical, biological, or radioactive substance is a felony of the first degree. If the offense involved an amount of poison, the hazardous chemical, biological, or radioactive substance, or the other harmful substance sufficient to cause death if ingested or used by a person regarding a violation of division (B)(1) of this section or sufficient to cause death to persons who are exposed to it regarding a violation of division (B)(2) of this section or if the offense resulted in serious physical harm to another person, whoever violates division (B)(1) or (2) of this section shall be imprisoned for life with parole eligibility after serving fifteen years of imprisonment.
(2) Whoever violates division (C)(1) or (2) of this section is guilty of spreading a false report of contamination, a felony of the fourth degree.
Effective Date: 05-15-2002