N.Y. Penal Law § 263.30: Facilitating a sexual performance by a child with a controlled substance or alcohol

§ 263.30 Facilitating a sexual performance by a child with a controlled

substance or alcohol.

1. A person is guilty of facilitating a sexual performance by a child

with a controlled substance or alcohol when he or she:

(a) (i) knowingly and unlawfully possesses a controlled substance as

defined in section thirty-three hundred six of the public health law or

any controlled substance that requires a prescription to obtain, (ii)

administers that substance to a person under the age of seventeen

without such person's consent, (iii) intends to commit against such

person conduct constituting a felony as defined in section 263.05,

263.10, or 263.15 of this article, and (iv) does so commit or attempt to

commit such conduct against such person; or

(b) (i) administers alcohol to a person under the age of seventeen

without such person's consent, (ii) intends to commit against such

person conduct constituting a felony defined in section 263.05, 263.10,

or 263.15 of this article, and (iii) does so commit or attempt to commit

such conduct against such person.

2. For the purposes of this section, "controlled substance" means any

substance or preparation, compound, mixture, salt, or isomer of any

substance defined in section thirty-three hundred six of the public

health law.

Facilitating a sexual performance by a child with a controlled

substance or alcohol is a class B felony.