The crime of unlawfully dealing with a child involves exposing a child to or involving the child in activity deemed inappropriate for a minor. These activities can include sexual activity, illegal drugs, and tattooing. There are two charges for unlawfully dealing with a child in New York’s criminal code. The particular charge that you could be looking at depends upon the severity of the activity to which you subject the child. For example, if you sell alcohol beverages to a minor, you will be up against the first degree charge. On the other hand, if you sell cigarettes to a minor, you will be looking at the second degree charge. Pursuant to New York Penal Law § 260.21, you could get charged with unlawfully dealing with a child in the second degree if you:
Patricia sends her 17 year old son, Asher, on an errand to the nearest convenience store to get a pack of cigarettes and a can of beer for her. At the store, the clerk sells Asher the cigarettes, but refuses to sell him the beer, since Asher is not yet 21 years old. The clerk could face prosecution for unlawfully dealing with a child in the second degree. Even though she producently refused to sell Asher beer, she still violated the statute by selling Asher the cigarettes, as Asher was under the age of 18 years old.
Offenses that are Related
Endangering the welfare of a child: New York Penal Law § 260.10
Unlawfully dealing with a child in the first degree: New York Penal Law § 260.20
If you are accused of a violation of “the unlawfully dealing with a child in the second degree” statute on the basis of permitting a minor child under the age of 16 to stay on a premises were alcohol is served, a plausible defense is that the child was in the care of their parent, guardian, or a person authorized by the parent or guardian. An alternative defense is that the establishment was holding a child-appropriate event that was hosted by a non-profit organization, school, or religious group.
Unlawful dealing with a child in the second degree is categorized as a class B misdemeanor. If you get convicted, the judge might sentence you to up to 90 days, a probation term of 1 year, and order you to pay a substantial fine.
Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.
Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.
Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.
We provide superior service, excellent results, at a level superior to other criminal defense law firms. Regardless of where your case is, nationwide, we can help you.
555 W 5th St 35th floor, Los Angeles, CA 90013
35-37 36th St, 2nd Floor Astoria, NY 11106
85 Broad St 30th Floor, New York, NY 10004
195 Montague St., 14th Floor, Brooklyn, NY 11201