N.Y. Penal Law 263.30 – Facilitating a sexual performance by a child with a controlled substance or alcohol
§ 263.30 Facilitating a sexual performance by a child with a controlled
Attorney's Note
Under the New York Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B felony | between 1 and 25 years | up to $30,000 |
Terms Used In N.Y. Penal Law 263.30
- Performance: means any play, motion picture, photograph or dance. See N.Y. Penal Law 263.00
- Sexual performance: means any performance or part thereof which, for purposes of section 263. See N.Y. Penal Law 263.00
substance or alcohol.
1. A person is guilty of facilitating a sexual performance by a child with a controlled substance or alcohol when he or she:
(a) (i) knowingly and unlawfully possesses a controlled substance as defined in § 3306 of the public health law or any controlled substance that requires a prescription to obtain, (ii) administers that substance to a person under the age of seventeen without such person's consent, (iii) intends to commit against such person conduct constituting a felony as defined in section 263.05, 263.10, or 263.15 of this article, and (iv) does so commit or attempt to commit such conduct against such person; or
(b) (i) administers alcohol to a person under the age of seventeen without such person's consent, (ii) intends to commit against such person conduct constituting a felony defined in section 263.05, 263.10, or 263.15 of this article, and (iii) does so commit or attempt to commit such conduct against such person.
2. For the purposes of this section, "controlled substance" means any substance or preparation, compound, mixture, salt, or isomer of any substance defined in § 3306 of the public health law.
Facilitating a sexual performance by a child with a controlled substance or alcohol is a class B felony.