Facilitating a Sexual Performance By a Child with a Controlled Substance or Alcohol in New York City, Explained
Facilitating a Sexual Performance By a Child with a Controlled Substance or Alcohol charges in New York required 2 things. First, giving alcohol or a controlled substance to a person who is less than 17 years old. Second, an intent to commit any of the following underlying crimes:
- Promoting a Sexual Performance By a Child
- Promoting an Obscene Sexual Performance By a Child
- Use of a Child in a Sexual Performance
Facilitating a Sexual Performance By a Child with a Controlled Substance or Alcohol is a class B felony and has a mandatory minimum of 1 to 3 years in prison if a person does not have a prior felony conviction.
A person may be charged with Facilitating a Sexual Performance By a Child with a Controlled Substance or Alcohol, Penal Law Section 263.30(1)(a), when he or she:
- Knowingly and unlawfully possesses a controlled substance or any controlled substance that requires a prescription to obtain;
- Administers that substance to a person under the age of 17 without such person’s consent;
- Intends to commit the crime of:
- Promoting a Sexual Performance By a Child;
- Promoting an Obscene Sexual Performance By a Child;
- Use of a Child in a Sexual Performance; and
- Does so to commit or attempt to commit such conduct against such person who is less than 17 years old
A person may be charged with Facilitating a Sexual Performance By a Child with a Controlled Substance or Alcohol, Penal Law Section 263.30(1)(b), when he or she:
- Administers alcohol to a person under the age of 17 without such person’s consent;
- Intends to commit the crime of:
- Promoting a Sexual Performance By a Child;
- Promoting an Obscene Sexual Performance By a Child;
- Use of a Child in a Sexual Performance; and
- Does so to commit or attempt to commit such conduct against such person who is less than 17 years old
For the purposes of Facilitating a Sexual Performance By a Child with a Controlled Substance, the term controlled substance means any substance or preparation, compound, mixture, salt, or isomer of any substance defined New York Public Health Law Section 3306. The substances listed under the Public Health Law are extremely broad. The substances include illegal drugs such as ecstasy, cocaine, heroin, and prescription medications such as Valium, Xanax and Adderall.
Facilitating a Sexual Performance By a Child with a Controlled Substance or Alcohol charges does not require the person who is allegedly under 17 years old to be affected by the alcohol or drug. The charge only requires that a controlled substance or alcohol be administered or given to the person.
Defense to New York Facilitating a Sexual Performance By a Child with a Controlled Substance or Alcohol
A Facilitating a Sexual Performance By a Child with a Controlled Substance or Alcohol charge requires that person who is allegedly less than 17 years old to be administered a controlled substance without their consent. Therefore, it is a defense to the charge that the person who allegedly less than 17 years old consented to the taking of a controlled substance or alcohol. Even if this defense applies, a person could still be charged with any of the 3 underlying crimes: Promoting a Sexual Performance By a Child, Promoting an Obscene Sexual Performance By a Child or Use of a Child in a Sexual Performance. Each of the charges has its additional defenses.
Sentencing for Facilitating a Sexual Performance By a Child with a Controlled Substance or Alcohol
In New York, Facilitating a Sexual Performance By a Child with a Controlled Substance or Alcohol is a class B felony. Prison is mandatory for a conviction of the crime. The minimum term is 1 to 3 years and the maximum is 8 1/3 to 25 years in prison. If the maximum term falls between 3 and 25 years, the minimum term must be one-third of the maximum.
Hiring a Use of a Child in a Sexual Performance Lawyer in New York City
The criminal justice system is complex and can be intimidating and confusing, especially in New York. Hiring the right defense attorney in NYC is crucial in achieving the best possible outcome of your Use of a Child in a Sexual Performance case.
The best New York City lawyer for Sex Crimes is experienced, aggressive and knowledgeable. As a former prosecutor in New York, I have the experience and knowledge from both prosecuting Sex Crimes on behalf of victims and complaining witnesses, and aggressively defending people against Sex Crimes in New York City.
Contact The Law Firm of Andrew M. Stengel
Contact us via the live chat below, through our contact form here, or call us at (212) 634-9222. Initial consultations are free and confidential, and you will speak with Andrew M. Stengel directly.
Our offices are located at 11 Broadway, Suite 715, New York, NY 10004, and we handle cases throughout New York City, Nassau, Westchester and the surrounding counties.
