N.Y. Penal Law § 220.74: Unlawful manufacture of methamphetamine in the second degree

§ 220.74 Unlawful manufacture of methamphetamine in the second degree.

A person is guilty of unlawful manufacture of methamphetamine in the

second degree when he or she:

1. Commits the offense of unlawful manufacture of methamphetamine in

the third degree as defined in section 220.73 of this article in the

presence of another person under the age of sixteen, provided, however,

that the actor is at least five years older than such other person under

the age of sixteen; or

2. Commits the crime of unlawful manufacture of methamphetamine in the

third degree as defined in section 220.73 of this article and has

previously been convicted within the preceding five years of the offense

of criminal possession of precursors of methamphetamine as defined in

section 220.72 of this article, criminal possession of methamphetamine

manufacturing material in the first degree as defined in section 220.71

of this article, unlawful disposal of methamphetamine laboratory

material as defined in section 220.76 of this article, unlawful

manufacture of methamphetamine in the third degree as defined in section

220.73 of this article, unlawful manufacture of methamphetamine in the

second degree as defined in this section, or unlawful manufacture of

methamphetamine in the first degree as defined in section 220.75 of this

article.

Unlawful manufacture of methamphetamine in the second degree is a

class C felony.