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New York Penal - Article 260 - § 260.20 Unlawfully Dealing With a Child in the First Degree

Legal Research Home > New York Laws > Penal > New York Penal - Article 260 - § 260.20 Unlawfully Dealing With a Child in the First Degree


Penal 
 
  § 260.20 Unlawfully dealing with a child in the first degree.
    A  person  is  guilty  of unlawfully dealing with a child in the first
  degree when:
    1. He knowingly permits a child less than eighteen years old to  enter
  or  remain  in  or  upon a place, premises or establishment where sexual
  activity as defined by article one hundred thirty, two hundred thirty or
  two hundred sixty-three of this chapter or activity involving controlled
  substances as defined by article two hundred twenty of this  chapter  or
  involving marihuana as defined by article two hundred twenty-one of this
  chapter  is  maintained or conducted, and he knows or has reason to know
  that such activity is being maintained or conducted; or
    2. He gives or sells or causes to  be  given  or  sold  any  alcoholic
  beverage,  as defined by section three of the alcoholic beverage control
  law, to a person less  than  twenty-one  years  old;  except  that  this
  subdivision does not apply to the parent or guardian of such a person or
  to  a person who gives or causes to be given any such alcoholic beverage
  to a person under the age of twenty-one years, who is  a  student  in  a
  curriculum  licensed  or  registered  by the state education department,
  where the tasting or imbibing of  alcoholic  beverages  is  required  in
  courses  that  are  part  of  the  required  curriculum,  provided  such
  alcoholic beverages are given only  for  instructional  purposes  during
  classes conducted pursuant to such curriculum.
    It  is no defense to a prosecution pursuant to subdivision two of this
  section that the child acted as the agent or representative  of  another
  person or that the defendant dealt with the child as such.
    It  is an affirmative defense to a prosecution pursuant to subdivision
  two of this section that the defendant who sold, caused to  be  sold  or
  attempted  to  sell  such  alcoholic  beverage  to  a  person  less than
  twenty-one years old, had  not  been,  at  the  time  of  such  sale  or
  attempted  sale,  convicted  of  a  violation of this section or section
  260.21 of this  article  within  the  preceding  five  years,  and  such
  defendant,  subsequent  to  the commencement of the present prosecution,
  has completed an alcohol training awareness program established pursuant
  to subdivision twelve of section seventeen  of  the  alcoholic  beverage
  control law. A defendant otherwise qualifying pursuant to this paragraph
  may  request  and  shall  be  afforded  a  reasonable adjournment of the
  proceedings to enable him or  her  to  complete  such  alcohol  training
  awareness program.
    Unlawfully  dealing  with  a  child  in  the first degree is a class A
  misdemeanor.
Section:  Previous  Article 260  260.00  260.05  260.06  260.10  260.11  260.15  260.20  260.21  260.24  260.25  260.31  260.31*2  260.32  260.34  Next

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Last modified: February 16, 2014