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New York’s Laws on Facilitating a Sexual Offense with a Controlled Substance
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:
- 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
- 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:
- 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.
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
So if you drug someone to try to rape them, force oral sex, or even just grope them, you could be charged with facilitating a sex offense. The drug doesn’t have to actually knock them out – just impair them enough to make them an easier victim.
What Substances Are Illegal
Two main categories of drugs are prohibited:
- Controlled substances – This includes illegal drugs like cocaine, heroin, methamphetamine, LSD, and others. It also includes illegal prescription meds, like painkillers, sedatives, or stimulants that you don’t have a valid prescription for.
- Prescription drugs – Even if the substance is legally prescribed to you, giving it to someone else without their consent is illegal.
The most common drugs used to facilitate assault are:
- Alcohol – Spiking drinks or doing shots to get someone very drunk
- GHB – Known as a “date rape” drug
- Rohypnol – Another common date rape drug
- Ketamine – Can cause memory loss and inability to move
- Prescription sedatives – Like Xanax, Valium, Ambien
But any controlled substance or prescription medication could potentially lead to charges if used to facilitate assault.
Defenses to This Charge
Because this crime requires prosecutors to prove intent, it’s open to several lines of defense:
No intent
If you can show that you had no intention of committing a sexual offense, this charge falls apart. For example, maybe you and the other person were voluntarily taking drugs recreationally with no plan for sex. Or you gave them medication for a health issue, not to take advantage of them. Without intent, there’s no crime.
Consent
If the other person consented to taking the intoxicating substance, that’s a defense. This law is meant to punish people who secretly drug victims. If the person willingly got drunk or high with you, you’re not “facilitating” anything against their will.
No sexual offense occurred
Prosecutors have to prove you actually committed or attempted a sexual offense, not just intended to. If no assault happened after you gave the person drugs, you should fight the charges.
Lack of capacity
If you were so impaired yourself that you couldn’t form criminal intent, that could excuse your actions. For example, if you were unknowingly given a date rape drug yourself.
The Consequences if Convicted
Facilitating a sexual offense with a controlled substance is a Class D felony in New York. That means up to 7 years in state prison if convicted. You may also face fines up to $5,000.
It’s a very serious charge that will also get you registered as a sex offender. This can restrict where you can live and work after release from prison. It’s not something you want on your record.
Getting Help from a Lawyer
Don’t take chances if you’ve been accused of using drugs to facilitate assault. Get an experienced criminal defense lawyer on your side immediately. A skilled attorney can evaluate the evidence and build a strong defense to avoid a conviction.
They can also negotiate with prosecutors, arguing to get the charges reduced or dismissed. With so much at stake, it’s critical to have legal guidance you can trust.
Don’t let this accusation ruin your future. Protect yourself now by hiring a top sex crimes lawyer to fight for you.