NYSentencing

§ 260.21 Unlawfully dealing with a child in the second degree.
  A  person is guilty of unlawfully dealing with a child in the second
degree when:
  1. Being an owner, lessee, manager or  employee  of  a  place  where
alcoholic  beverages  are  sold or given away, he permits a child less
than sixteen years old to enter or remain in such place unless:
  (a) The child is accompanied by his parent,  guardian  or  an  adult
authorized by a parent or guardian; or
  (b) The entertainment or activity is being conducted for the benefit
or  under  the  auspices  of  a  non-profit  school,  church  or other
educational or religious institution; or
  (c) Otherwise permitted by law to do so; or
  (d) The establishment is closed to the public for a specified period
of time to conduct an activity  or  entertainment,  during  which  the
child  is  in  or  remains  in  such  establishment,  and no alcoholic
beverages  are  sold,  served,  given  away  or   consumed   at   such
establishment  during such period. The state liquor authority shall be
notified in writing by the licensee  of  such  establishment,  of  the
intended  closing  of such establishment, to conduct any such activity
or entertainment, not less than ten days prior to any such closing; or
  2. He marks the body of a child less than eighteen  years  old  with
indelible ink or pigments by means of tattooing; or
  3. He sells or causes to be sold tobacco in any form to a child less
than eighteen years old.
  It  is  no defense to a prosecution pursuant to subdivision three 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.
  Unlawfully  dealing  with  a child in the second degree is a class B
misdemeanor.
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