N.Y. Penal Law 260.21 – Unlawfully dealing with a child in the second degree
§ 260.21 Unlawfully dealing with a child in the second degree.
Attorney's Note
Under the New York Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B misdemeanor | up to 3 months | up to $500 |
Terms Used In N.Y. Penal Law 260.21
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
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 or she sells or causes to be sold tobacco in any form to a child less than twenty-one 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.