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New York · Through 2026-09-11

N.Y. Penal Law § 220.28: Use of a child to commit a controlled substance offense

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Where this section sits in the code
  1. Penal Law
  2. Part 3. Specific Offenses
  3. Title M. Offenses Against Public Health and Morals
  4. Article 220. Controlled Substances Offenses

§ 220.28 Use of a child to commit a controlled substance offense.

1. A person is guilty of use of a child to commit a controlled

substance offense when, being eighteen years old or more, he or she

commits a felony sale or felony attempted sale of a controlled substance

in violation of this article and, as part of that criminal transaction,

knowingly uses a child to effectuate such felony sale or felony

attempted sale of such controlled substance.

2. For purposes of this section, "uses a child to effectuate the

felony sale or felony attempted sale of such controlled substance" means

conduct by which the actor: (a) conceals such controlled substance on or

about the body or person of such child for the purpose of effectuating

the criminal sale or attempted sale of such controlled substance to a

third person; or (b) directs, forces or otherwise requires such child to

sell or attempt to sell or offer direct assistance to the defendant in

selling or attempting to sell such controlled substance to a third

person.

For purposes of this section, "child" means a person less than sixteen

years of age.

Use of a child to commit a controlled substance offense is a class E

felony.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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