§ 220.44 Criminal sale of a controlled substance in or near school
grounds.
A person is guilty of criminal sale of a controlled substance in or
near school grounds when he knowingly and unlawfully sells:
1. a controlled substance in violation of any one of subdivisions one
through six-a of section 220.34 of this article, when such sale takes
place upon school grounds or on a school bus; or
2. a controlled substance in violation of any one of subdivisions one
through eight of section 220.39 of this article, when such sale takes
place upon school grounds or on a school bus; or
3. a controlled substance in violation of any one of subdivisions one
through six of section 220.34 of this article, when such sale takes
place upon the grounds of a child day care or educational facility under
circumstances evincing knowledge by the defendant that such sale is
taking place upon such grounds; or
4. a controlled substance in violation of any one of subdivisions one
through eight of section 220.39 of this article, when such sale takes
place upon the grounds of a child day care or educational facility under
circumstances evincing knowledge by the defendant that such sale is
taking place upon such grounds.
5. For purposes of subdivisions three and four of this section, “the
grounds of a child day care or educational facility” means (a) in or on
or within any building, structure, athletic playing field, a playground
or land contained within the real property boundary line of a public or
private child day care center as such term is defined in paragraph (c)
of subdivision one of section three hundred ninety of the social
services law, or nursery, pre-kindergarten or kindergarten, or (b) any
area accessible to the public located within one thousand feet of the
real property boundary line comprising any such facility or any parked
automobile or other parked vehicle located within one thousand feet of
the real property boundary line comprising any such facility. For the
purposes of this section an “area accessible to the public” shall mean
sidewalks, streets, parking lots, parks, playgrounds, stores and
restaurants.
6. For the purposes of this section, a rebuttable presumption shall be
established that a person has knowledge that they are within the grounds
of a child day care or educational facility when notice is conspicuously
posted of the presence or proximity of such facility.
Criminal sale of a controlled substance in or near school grounds is a
class B felony.
