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NY Penal Law § 263.30: Facilitating a Sexual Performance by a Child with a Controlled Substance or Alcohol

July 5, 2020 Federal Criminal Attorneys

Of the numerous offenses that are related to child pornography, facilitating a sexual performance by a child with a controlled substance or alcohol is the most egregious. Under New York Penal Law § 263.30, you would be prosecuted on this charge if you knowingly give a minor drugs or alcohol for the purpose of committing a crime involving using a child in a sexual performance, promoting an obscene sexual performance by a child, or promoting a sexual performance by a child. The term “controlled substance” refers to any substance or preparation, compound, mixture, salt, or isomer of any substance as defined in New York Public Health Law § 3306.

For Example

Antonio put some ecstacy in the drink of a 15 year old girl named Becky. Soon after she drank it, Becky started to feel the effects of the drug on her.  While she was high on the drug, Antonio asked Becky to perform oral sex on him while he made a video of it.  In this scenario, Antonio could be charged with facilitating a sexual performance by a child with a controlled substance or alcohol because he gave Becky a controlled substance and, after the substance to effect over the child, he directed her involvement in a sexual performance.

Offenses that are Related

Use of a child in a sexual performance: New York Penal Law § 263.05

Promoting an obscene sexual performance by a child: New York Penal Law § 263.10

Possessing an obscene sexual performance by a child: New York Penal Law § 263.11

Promoting a sexual performance by a child: New York Penal Law § 263.15

Possessing a sexual performance by a child: New York Penal Law § 263.16

Possible Defenses

A possible defense against a charge of facilitating a sexual performance by a child with a controlled substance is that the person involved who is being referred to as a child was older than 17 years old, or that you had good reason to believe that the person was older than 17 years old. That said, even if the person was over 17 years old, if you gave the person a controlled substance without his or her knowledge, you could still face charges for felony sex crimes and drug possession.

Sentence

The crime of facilitating a sexual performance by a child with a controlled substance is categorized as a class B felony. If you are convicted, the judge could sentence you to up to 25 years in prison, a probation term of 10 years, and order you to pay a substantial fine. On top of that, this crime is classified as a “registrable” offense under the New York Sex Offender Registration Act (SORA). What this means to you is that, if you are convicted, you will be placed on the sex offender registration list for a minimum of 20 years.

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