Facilitating a Sexual Performance by a Child with a Controlled Substance or Alcohol

LAWS OF NEW YORK, 2008
CHAPTER 431

AN ACT to amend the penal law, in relation to facilitating a sexual
performance by a child with a controlled substance or alcohol

Became a law August 5, 2008, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.


The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

Section 1. The penal law is amended by adding a new section 263.30 to
read as follows:
§ 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 with-
out 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.

§ 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of the Public
Officers Law, we hereby jointly certify that this slip copy of this
session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence.

JOSEPH L. BRUNO
Temporary President of the Senate
SHELDON SILVER
Speaker of the Assembly