2016 New York Laws
PEN - Penal
Part 3 - SPECIFIC OFFENSES
Title M - OFFENSES AGAINST PUBLIC HEALTH AND MORALS
Article 220 - (220.00 - 220.78) CONTROLLED SUBSTANCES OFFENSES
220.28 - Use of a child to commit a controlled substance offense.

NY Penal L § 220.28 (2016) What's This?
220.28 Use of a child to commit a controlled substance offense.

1. A person is guilty of use of a child to commit a controlled substance offense when, being eighteen years old or more, he or she commits a felony sale or felony attempted sale of a controlled substance in violation of this article and, as part of that criminal transaction, knowingly uses a child to effectuate such felony sale or felony attempted sale of such controlled substance.

2. For purposes of this section, "uses a child to effectuate the felony sale or felony attempted sale of such controlled substance" means conduct by which the actor: (a) conceals such controlled substance on or about the body or person of such child for the purpose of effectuating the criminal sale or attempted sale of such controlled substance to a third person; or (b) directs, forces or otherwise requires such child to sell or attempt to sell or offer direct assistance to the defendant in selling or attempting to sell such controlled substance to a third person.

For purposes of this section, "child" means a person less than sixteen years of age.

Use of a child to commit a controlled substance offense is a class E felony.


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