NY Penal Law § 130.90: Facilitating a Sexual Offense with a Controlled Substance

It is illegal to give another person incapacitating drugs without that person's consent in order to have sex with that person. If you do so, you face a charge of facilitating a sexual offense with a controlled substance under New York Penal Code § 130.90. Such drugs include controlled substances as well as any preparation, mixture or compound that requires a prescription.

A man meets a woman in a club. He offers to buy her a drink. Unbeknownst to the woman, the man slips ecstasy into the drink. After the woman consumes the drink she begins feeling lightheaded and giddy. She gets into a cab with the man. The next day she wakes up at his apartment, naked in his bed. It was clear that they had sex, but the woman had no memory of it. The man could be prosecuted for facilitating a sexual offense with a controlled substance, as well as other sex crimes such as rape in the second degree and criminal sexual act in the second degree.

1. Rape in the first degree: New York Penal Code § 130.35
2. Rape in the second degree: New York Penal Code § 130.30
3. Criminal sexual act in the first degree: New York Penal Code § 130.50
4. Criminal sexual act in the second degree: New York Penal Code § 130.45

Other related offenses include drug possession crimes under New York Penal Code § 220.

With this crime there are two issues related to consent: consent related to taking the drug and consent related to the sex act. If you can show that you did not administer the drug to the person without that person's consent and that the person willingly and knowingly took the drug, you have a defense to the charge. However, you still could be charged with a crime related to having sex with a person who was mentality incapacitated or physically helpless if the person was intoxicated by drugs at the time of the sex act. To avoid being convicted of any sex crime, you must show that the sex act was consensual.

As a class D felony, if you are convicted of facilitating a sexual offense with a controlled substance the maximum possible prison sentence is 7 years. Because this crime is also classified as a violent felony, the judge is required to impose a minimum sentence of 2 years in prison. The actual length of your prison sentence will depend on factors such as your prior criminal record. If you have a criminal record, the judge will view that as an aggravating factor. Upon release from prison you will be required to serve a term of post-release supervision.

Facilitating a sexual offense with a controlled substance is a "registrable" offense. You will have to register with law enforcement information such as your name, address, work address, school, photograph, aliases, email address, internet handles, crimes and victim attributes. You will have to regularly verify and update this information. If you move you will have to follow the registration and verification requirements of your new jurisdiction. You will remain a registered sex offender for at least 20 years.

A person is guilty of facilitating a sex 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.

The consequences of being convicted of facilitating a sexual offense with a controlled substance as well as any other sex or drug crime are devastating. The rest of your life will be impacted as will be the lives of your loved ones. Thus, it is important to seek experienced representation to help you fight such charges. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with sex crimes such as aggravated sexual abuse, criminal sexual act in the first degree as well as other sex crimes such as sexual misconduct, criminal sexual act, forcible touching, sexual abuse, sexual conduct against child, female genital mutilation, and facilitating a sexual offense with a controlled substance. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.