NYSentencing

§ 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 part or  activity  involving  controlled
substances  as  defined  by  article  two hundred twenty of this part is
maintained or conducted, and he knows or has reason to  know  that  such
activity is being maintained or conducted; or
(As amended by L.2021 c.92 eff. 03/31/21.)

  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.
with Argument