N.Y. Penal Law § 260.20: Unlawfully dealing with a child in the first degree

§ 260.20 Unlawfully dealing with a child in the first degree.

A person is guilty of unlawfully dealing with a child in the first

degree when:

1. He knowingly permits a child less than eighteen years old to enter

or remain in or upon a place, premises or establishment where sexual

activity as defined by article one hundred thirty, two hundred thirty or

two hundred sixty-three of this part or activity involving controlled

substances as defined by article two hundred twenty of this part is

maintained or conducted, and he knows or has reason to know that such

activity is being maintained or conducted; or

2. He gives or sells or causes to be given or sold any alcoholic

beverage, as defined by section three of the alcoholic beverage control

law, to a person less than twenty-one years old; except that this

subdivision does not apply to the parent or guardian of such a person or

to a person who gives or causes to be given any such alcoholic beverage

to a person under the age of twenty-one years, who is a student in a

curriculum licensed or registered by the state education department,

where the tasting or imbibing of alcoholic beverages is required in

courses that are part of the required curriculum, provided such

alcoholic beverages are given only for instructional purposes during

classes conducted pursuant to such curriculum.

It is no defense to a prosecution pursuant to subdivision two 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.

It is an affirmative defense to a prosecution pursuant to subdivision

two of this section that the defendant who sold, caused to be sold or

attempted to sell such alcoholic beverage to a person less than

twenty-one years old, had not been, at the time of such sale or

attempted sale, convicted of a violation of this section or section

260.21 of this article within the preceding five years, and such

defendant, subsequent to the commencement of the present prosecution,

has completed an alcohol training awareness program established pursuant

to subdivision twelve of section seventeen of the alcoholic beverage

control law. A defendant otherwise qualifying pursuant to this paragraph

may request and shall be afforded a reasonable adjournment of the

proceedings to enable him or her to complete such alcohol training

awareness program.

Unlawfully dealing with a child in the first degree is a class A

misdemeanor.