New York’s Laws on Facilitating a Sexual Offense with a Controlled Substance

In New York, it’s against the law to use drugs or alcohol to facilitate a sexual offense. This crime, known as “facilitating a sexual offense with a controlled substance,” is a serious felony charge that can lead to years in prison.

Lots of folks don’t really get what this law is about. They think it’s like those old laws against “slipping someone a mickey,” when bartenders would secretly drug women’s drinks. But this law is actually a lot broader than that.

Basically, it makes it illegal to get someone high or drunk in order to take advantage of them sexually. The drugs don’t have to be slipped secretly – the other person can take them voluntarily. You just can’t use substances to make it easier to sexually assault someone.

What the Law Says

Here’s what New York’s law actually says:

A person is guilty of facilitating a sexual offense with a controlled substance when he or she:

1. knowingly and unlawfully possesses a controlled substance or any preparation, compound, mixture or substance that requires a prescription to obtain and administers such substance or preparation, compound, mixture or substance that requires a prescription to obtain to another person without such person’s consent and with intent to commit against such person conduct constituting a felony defined in this article; and
2. commits or attempts to commit such conduct constituting a felony defined in this article.

That’s from New York Penal Law §130.90. Let’s break it down into simple English:

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• You have an illegal drug or a prescription drug that’s not prescribed to you
• You give that drug to someone else without their consent
• You intend to commit a sexual offense against that person
• You actually commit or attempt to commit a sexual offense

If all four of those elements are met, you can be charged with this felony.

Legal Scenario: What Would You Do?

Scenario

Federal agents execute a search warrant at your medical practice, seizing patient records and prescription logs.

Can they take patient records without patient consent?

Attorney's Answer

A valid federal search warrant overrides HIPAA privacy protections. However, the warrant must be properly scoped. An attorney can challenge overly broad warrants and move to suppress improperly seized evidence.

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

What Counts as a Sexual Offense

The law refers to committing a sexual offense “defined in this article.” That means Article 130 of New York’s Penal Code, which lists all the state’s sex crimes. Here are some of the most common sexual offenses:

• Rape
• Criminal sexual act (oral or anal sex)
• Sexual abuse
• Forcible touching
• Sexual misconduct
• Promoting prostitution