Facilitating a Sexual Performance by a Child With a Controlled Substance or Alcohol - New York Penal Law § 263.30(1)(a)

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New York Penal Law § 263.30(1)(a): Facilitating a Sexual Performance by a Child With a Controlled Substance or Alcohol addresses serious legal concerns involving the use of controlled substances or alcohol to facilitate a sexual performance by a child. Being charged under this statute can have severe repercussions, impacting one’s freedom, reputation, and future. It is essential for those accused to fully understand the legal implications of these charges.

At Lebedin Kofman LLP, our experienced New York sex crimes lawyers are dedicated to defending the rights of our clients. We are committed to providing robust legal representation, aimed at achieving the most favorable outcomes for our clients in court. Thoroughly examining each case, challenging evidence, and presenting strong defenses, our attorneys work tirelessly to support our clients through difficult times.

If you’re facing charges under this law, don’t hesitate to seek professional legal help. Contact Lebedin Kofman LLP at (646) 663-4430 for a free consultation to discuss your case and learn how we can assist in protecting your rights.

What is Facilitating a Sexual Performance by a Child With a Controlled Substance or Alcohol?

New York Penal Law § 263.30(1)(a) addresses the serious offense of facilitating a sexual performance by a child through the use of controlled substances. This statute aims to protect minors from exploitation and abuse involving drugs.

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Hypothetical Case Example

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Consider a scenario where James, a 21-year-old, is at a social event. James meets and talks to 16-year-old Jane who he sexually propositions and gets declined. James then provides Jane with a drink containing rohypnol without telling her about the drug. After the drug has taken effect, James then films himself and Jane involved in sexual intercourse. This act falls squarely under Penal Law § 263.30(1)(a) as James knowingly administered rohypnol, a controlled substance, to facilitate a sexual performance with a minor.

Legal Definitions and Elements of the Offense

To secure a conviction under N.Y. Penal Law § 263.30(1)(a), the prosecution must prove the following elements:

Knowingly and Unlawfully Possessing a Controlled Substance: The defendant must have knowingly and unlawfully possessed a controlled substance as defined in Section 3306 of the Public Health Law.
Administering the Substance to a Minor Without Consent: The defendant administered the controlled substance to a person under 17 years of age without their consent.
Intent to Commit a Felony Involving a Sexual Performance: The defendant intended to commit conduct constituting a felony under Sections 263.05, 263.10, or 263.15 against the minor.
Commission or Attempt of the Felony: The defendant committed or attempted to commit the intended felony against the minor.

Key Terms Defined:

Controlled Substance: As per the New York Public Health Law, this refers to any substance listed in the schedules set forth in the state regulations, which includes a wide range of drugs from narcotics to hallucinogens.
Sexual Performance: Any performance or part thereof that includes sexual conduct by a person who participates in that performance.

Possible Legal Defenses

Defending against a charge under New York Penal Law § 263.30(1)(a)—facilitating a sexual performance by a child with a controlled substance—requires a thorough examination of the case’s specifics.

Potential defenses include:

Mistake of Age: The statute applies to victims under 17 years old. If the defendant reasonably believed the individual was 17 or older, this could be a defense. However, New York law often imposes strict liability in offenses involving minors, making this defense challenging to assert.
Duress or Coercion: If the defendant was forced or threatened into committing the offense, they might claim duress. This defense necessitates proving that the defendant faced immediate threat of serious harm, leaving no reasonable opportunity to escape the situation.

It’s crucial to recognize that even if some defenses apply, other legal issues may arise. For example, administering a controlled substance without consent can lead to separate felony charges, regardless of the minor’s age. Given the nuances of such cases, consulting with a legal professional is essential to navigate the defense strategy effectively.

Defense	Description	Key Considerations
Mistake of Age	The defendant reasonably believed the victim was 17 or older.	Strict liability often applies in cases involving minors, making this defense difficult to prove.
Duress or Coercion	The defendant was forced or threatened into committing the offense.	The defendant must demonstrate an immediate threat of serious harm with no reasonable escape.

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Penalties and Sentencing

Facilitating a sexual performance by a child with a controlled substance is classified as a Class B felony in New York.

Penalties for a Class B felony may include:

Imprisonment: Up to 25 years in state prison.
Fines: Substantial fines, potentially up to $30,000.
Probation: Post-release supervision or probation periods.
Sex Offender Registration: Mandatory registration as a sex offender for at least 20 years, leading to long-term monitoring and restrictions.

Given the severity of these penalties, individuals facing such charges should seek immediate legal counsel to navigate the complexities of the legal system effectively.

New York Penal Law § 263.30(1)(a): Facilitating a Sexual Performance by Controlled Substance

A person is guilty of facilitating a sexual performance by a child with a controlled substance or alcohol when he or she:
1. Knowingly and unlawfully possesses a controlled substance as defined in section thirty-three hundred six of the public health law or any controlled substance that requires a prescription to obtain,
2. Administers that substance to a person under the age of seventeen without such person’s consent,
3. Intends to commit against such person conduct constituting a felony as defined in Sections 263.05, 263.10, or 263.15 of this article, and
4. Does so commit or attempt to commit such conduct against such person
For the purposes of this section, “controlled substance” means any substance or preparation, compound, mixture, salt, or isomer of any substance defined in section thirty-three hundred six of the public health law.

Facilitating a sexual performance by a child with a controlled substance or alcohol is a class B felony.

Get the Professional Legal Representation You Deserve

Understanding the legal nuances involved with New York Penal Law § 263.30(1)(a) is crucial for anyone facing charges under this statute. This law deals with serious allegations that can have long-lasting consequences on an individual’s personal and professional life. If you or someone you know is accused of facilitating a sexual performance by a child with a controlled substance or alcohol, obtaining knowledgeable legal guidance is essential.

At Lebedin Kofman LLP, our team of experienced Manhattan sex crimes lawyers is well-versed in defending against such serious charges. We commit to working diligently to protect the rights of our clients and to advocate vigorously on their behalf, both in and out of court. Understanding each client’s unique situation allows us to effectively challenge the prosecution’s case and build a personalized legal strategy aimed at securing the best possible outcome.

If you need help with charges related to facilitating a sexual performance by a controlled substance, contact Lebedin Kofman LLP today at (646) 663-4430 for a free consultation. Let us help you through this challenging time by providing clear, effective legal assistance and support.

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