PL 260.20 Unlawfully dealing with a child in the first degree

	PL 260.20 Unlawfully dealing with a child in the first degree	Class A misdemeanor
§ 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 arti- cle 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.

Class A misdemeanor

§ 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 arti-
cle  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.

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