(a) Definitions:  For the purposes of this section the following words shall have the following definitions:

(1)  “Crime of violence” means:

(i)  An offense that has an element, the use, attempted use, or threatened use of physical force against the person or property of another; or

(ii)  Any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

(2)  “Without that individual’s knowledge” means: that the individual is unaware that a substance with the ability to alter that individual’s ability to appraise conduct, or to decline participation in, or communicate unwillingness to participate in conduct, is administered to the individual.

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(b)  Whoever, with the intent to commit a crime of violence against an individual, as defined in this section and in chapter 11-37, violates this section by distributing a controlled substance, as defined in § 21-28-1.02, or a controlled substance analogue to an individual without that individual’s knowledge, shall be punished by a term of imprisonment not to exceed ten (10) years.