N.Y. Penal Law § 220.44: Criminal sale of a controlled substance in or near school grounds

§ 220.44 Criminal sale of a controlled substance in or near school

grounds.

A person is guilty of criminal sale of a controlled substance in or

near school grounds when he knowingly and unlawfully sells:

1. a controlled substance in violation of any one of subdivisions one

through six-a of section 220.34 of this article, when such sale takes

place upon school grounds or on a school bus; or

2. a controlled substance in violation of any one of subdivisions one

through eight of section 220.39 of this article, when such sale takes

place upon school grounds or on a school bus; or

3. a controlled substance in violation of any one of subdivisions one

through six of section 220.34 of this article, when such sale takes

place upon the grounds of a child day care or educational facility under

circumstances evincing knowledge by the defendant that such sale is

taking place upon such grounds; or

4. a controlled substance in violation of any one of subdivisions one

through eight of section 220.39 of this article, when such sale takes

place upon the grounds of a child day care or educational facility under

circumstances evincing knowledge by the defendant that such sale is

taking place upon such grounds.

5. For purposes of subdivisions three and four of this section, "the

grounds of a child day care or educational facility" means (a) in or on

or within any building, structure, athletic playing field, a playground

or land contained within the real property boundary line of a public or

private child day care center as such term is defined in paragraph (c)

of subdivision one of section three hundred ninety of the social

services law, or nursery, pre-kindergarten or kindergarten, or (b) any

area accessible to the public located within one thousand feet of the

real property boundary line comprising any such facility or any parked

automobile or other parked vehicle located within one thousand feet of

the real property boundary line comprising any such facility. For the

purposes of this section an "area accessible to the public" shall mean

sidewalks, streets, parking lots, parks, playgrounds, stores and

restaurants.

6. For the purposes of this section, a rebuttable presumption shall be

established that a person has knowledge that they are within the grounds

of a child day care or educational facility when notice is conspicuously

posted of the presence or proximity of such facility.

Criminal sale of a controlled substance in or near school grounds is a

class B felony.