Statute · New York Penal Law
N.Y. Penal Law § 220.28 — Use of a child to commit a controlled substance offense
N.Y. Penal Law § 220.28
- Type
- Statute
- Source
- New York Penal Law
- Jurisdiction
- New York
- Current through
- Nov 5, 2026 (NY Senate Open Legislation)
§ 220.28 Use of a child to commit a controlled substance offense.
Citator
N.Y. Penal Law § 220.28 — Use of a child to commit a controlled substance offense is in force in the current edition of the Code, and nothing recorded condemns it.
§ 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.