New York Penal - Article 260 - § 260.21 Unlawfully Dealing With a Child in the Second Degree

  § 260.21 Unlawfully dealing with a child in the second degree.
    A  person  is  guilty of unlawfully dealing with a child in the second
  degree when:
    1. Being an owner, lessee,  manager  or  employee  of  a  place  where
  alcoholic beverages are sold or given away, he permits a child less than
  sixteen years old to enter or remain in such place unless:
    (a)  The  child  is  accompanied  by  his parent, guardian or an adult
  authorized by a parent or guardian; or
    (b) The entertainment or activity is being conducted for  the  benefit
  or   under  the  auspices  of  a  non-profit  school,  church  or  other
  educational or religious institution; or
    (c) Otherwise permitted by law to do so; or
    (d) The establishment is closed to the public for a  specified  period
  of  time to conduct an activity or entertainment, during which the child
  is in or remains in such establishment, and no alcoholic  beverages  are
  sold,  served,  given away or consumed at such establishment during such
  period. The state liquor authority shall be notified in writing  by  the
  licensee  of  such  establishment,  of  the  intended  closing  of  such
  establishment, to conduct any such activity or entertainment,  not  less
  than ten days prior to any such closing; or
    2.  He  marks  the  body  of a child less than eighteen years old with
  indelible ink or pigments by means of tattooing; or
    3. He sells or causes to be sold tobacco in any form to a  child  less
  than eighteen years old.
    It  is  no  defense  to a prosecution pursuant to subdivision three 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.
    Unlawfully  dealing  with  a  child  in the second degree is a class B
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Last modified: February 15, 2014