New York Penal Code 220.28: Use of a child to commit a controlled substance offense

Like many other places in the country, drugs are a serious problem in New York. With all the manpower and resources spent on trying to control the drug problem, the court system is equally tied up with drug cases. Prosecutors and Assistant District Attorneys devote much of their time pursuing charges against people which distribute drugs. When children are involved, the crime can get even more serious with additional charges. New York has laws in place to protect children from controlled substances and their distribution. It is important to understand what New York penal code 220.28 states in regards to children involved with drug traffic.

Penal Code 220.28 Specifics

A person can be charged with a violation of this code when they knowingly use a child during the sale or attempted sale of a controlled substance. There are 3 aspects to this charge:

• The adult is over the age of 18
• The child involved is under the age of 16
• There is a sell or attempt to sell controlled substances

This includes hiding the controlled substance on the child or in the child’s possessions. It also includes forcing or coercing a child to distribute or aid in the distribution of the drugs. A child is defined as anyone under the age 16. This is defined as a class “E” felony.

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Legal Scenario: What Would You Do?

Scenario

A mother discovered that her 17-year-old son was recruited by a local drug dealer to deliver packages of cocaine to buyers around the neighborhood. She is now terrified that both her son and the dealer could face serious criminal charges under New York law.

What kind of charges can someone face for using a child to carry out drug transactions in New York?

Attorney's Answer

Under New York Penal Code 220.28, using a child to commit a controlled substance offense is a Class E felony, which carries a potential sentence of up to four years in prison. The statute specifically targets adults who intentionally use, direct, or command a person under 16 years of age to assist in the sale or distribution of controlled substances. Your son, depending on his age at the time and level of involvement, may be treated differently by the court, but the adult who recruited him faces significant felony exposure. An experienced criminal defense attorney can examine whether the prosecution can prove the elements of intentional direction and work to protect both your son's future and challenge any overcharging by the district attorney.

This is general information only. Contact us for advice specific to your situation.

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