Use of a child to commit a controlled substance offense

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New York Code › Act PEN › Part 3 › Title M › Article 220 › Section 220.28

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

Text

§ 220.28 Use of a child to commit a controlled substance offense.\n 1. A person is guilty of use of a child to commit a controlled\nsubstance offense when, being eighteen years old or more, he or she\ncommits a felony sale or felony attempted sale of a controlled substance\nin violation of this article and, as part of that criminal transaction,\nknowingly uses a child to effectuate such felony sale or felony\nattempted sale of such controlled substance.\n 2. For purposes of this section, "uses a child to effectuate the\nfelony sale or felony attempted sale of such controlled substance" means\nconduct by which the actor: (a) conceals such controlled substance on or\nabout the body or person of such child for the purpose of effectuating\nthe criminal sale or attempted sale of such controlled substance to a\nthird person; or (b) directs, forces or otherwise requires such child to\nsell or attempt to sell or offer direct assistance to the defendant in\nselling or attempting to sell such controlled substance to a third\nperson.\n For purposes of this section, "child" means a person less than sixteen\nyears of age.\n Use of a child to commit a controlled substance offense is a class E\nfelony.\n

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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