1. The Laws of New York
  2. Consolidated Laws
  3. Penal
  4. Part 3: Specific Offenses
  5. Title M: Offenses Against Public Health and Morals
  6. Article 220: Controlled Substances Offenses


Section 220.28 Use of a child to commit a controlled substance offense

Penal (PEN)

  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.