N.Y. Penal Law § 260.21: Unlawfully dealing with a child in the second degree

§ 260.21 Unlawfully dealing with a child in the second degree.

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

degree when:

1. Being an owner, lessee, manager or employee of a place where

alcoholic beverages are sold or given away, he permits a child less than

sixteen years old to enter or remain in such place unless:

(a) The child is accompanied by his parent, guardian or an adult

authorized by a parent or guardian; or

(b) The entertainment or activity is being conducted for the benefit

or under the auspices of a non-profit school, church or other

educational or religious institution; or

(c) Otherwise permitted by law to do so; or

(d) The establishment is closed to the public for a specified period

of time to conduct an activity or entertainment, during which the child

is in or remains in such establishment, and no alcoholic beverages are

sold, served, given away or consumed at such establishment during such

period. The state liquor authority shall be notified in writing by the

licensee of such establishment, of the intended closing of such

establishment, to conduct any such activity or entertainment, not less

than ten days prior to any such closing; or

2. He marks the body of a child less than eighteen years old with

indelible ink or pigments by means of tattooing; or

3. He or she sells or causes to be sold tobacco in any form to a child

less than twenty-one years old.

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

Unlawfully dealing with a child in the second degree is a class B

misdemeanor.