§ 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.