§ 260.20 Unlawfully dealing with a child in the first degree.
A person is guilty of unlawfully dealing with a child in the first
degree when:
1. He knowingly permits a child less than eighteen years old to enter
or remain in or upon a place, premises or establishment where sexual
activity as defined by article one hundred thirty, two hundred thirty or
two hundred sixty-three of this chapter or activity involving controlled
substances as defined by article two hundred twenty of this chapter or
involving marihuana as defined by article two hundred twenty-one of this
chapter is maintained or conducted, and he knows or has reason to know
that such activity is being maintained or conducted; or
2. He gives or sells or causes to be given or sold any alcoholic
beverage, as defined by section three of the alcoholic beverage control
law, to a person less than twenty-one years old; except that this
subdivision does not apply to the parent or guardian of such a person or
to a person who gives or causes to be given any such alcoholic beverage
to a person under the age of twenty-one years, who is a student in a
curriculum licensed or registered by the state education department,
where the tasting or imbibing of alcoholic beverages is required in
courses that are part of the required curriculum, provided such
alcoholic beverages are given only for instructional purposes during
classes conducted pursuant to such curriculum.
It is no defense to a prosecution pursuant to subdivision two of this
section that the child acted as the agent or representative of another
person or that the defendant dealt with the child as such.
It is an affirmative defense to a prosecution pursuant to subdivision
two of this section that the defendant who sold, caused to be sold or
attempted to sell such alcoholic beverage to a person less than
twenty-one years old, had not been, at the time of such sale or
attempted sale, convicted of a violation of this section or section
260.21 of this article within the preceding five years, and such
defendant, subsequent to the commencement of the present prosecution,
has completed an alcohol training awareness program established pursuant
to subdivision twelve of section seventeen of the alcoholic beverage
control law. A defendant otherwise qualifying pursuant to this paragraph
may request and shall be afforded a reasonable adjournment of the
proceedings to enable him or her to complete such alcohol training
awareness program.
Unlawfully dealing with a child in the first degree is a class A
misdemeanor.
