260.20 - Unlawfully dealing with a child in the first degree.

§ 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  article  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.