NY Penal Law § 220.48: Criminal sale of a controlled substance to a child

Selling drugs is a serious offense. However, an even more serious offense is selling drugs to a minor. It is a class C felony to sell certain specified amounts of controlled substances such as a narcotic preparation, 10 ounces or more of a dangerous depressant, concentrated cannabis, methadone, or 50 milligrams or more of phencyclidine. However, under New York Penal Code § 220.48 if you are over the age of 21 and you sell such drugs to someone who is less than 17 years old, you will be charged with criminal sale of a controlled substance to a child, a class B felony.

A 22 year old man sells cocaine to his 16 year old cousin. The cousin gets arrested for an unrelated offense and the police find the cocaine in the cousin's jacket. The cousin tells the police that the man sold him the cocaine. The man is arrested and charged with criminal sale of a controlled substance to a child.

1. Criminal sale of a controlled substance in or near school grounds: New York Penal Code § 220.44
2. Endangering the welfare of a child: New York Penal Code § 260.10

Depending on the drug involved, in order to convict you of criminal sale of a controlled substance to a child the prosecutor must prove that the amount of drug met the minimum required. For example, if the drug sold was ketamine, the statute requires that the amount must have been at least 4,000 grams. If the amount was less, than you would have a defense to the charge.

Another possible defense is reasonable belief that the person was over the age of 17 as the statute requires that you "knowingly" sold the drugs to a person under age of 17.

Because criminal sale of a controlled substance to a child is a class B felony and a drug crime, the prison sentence you will face is 5-25 years. If you have a prior felony conviction, your sentence will be 10-25 years in prison. In addition to prison, you may be required to pay a fine of up to $30,000

A person is guilty of criminal sale of a controlled substance to a child when, being over twenty-one years old, he or she knowingly and unlawfully sells a controlled substance in violation of § 220.34 or 220.39 of this article to a person less than seventeen years old.

If you are convicted of criminal sale of a controlled substance to a child you could end up in prison for over 2 decades, plus you may be required to pay a fine of up to $30,000. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients who have been accused of drug possession, crack possession, cocaine possession, marijuana possession, drug selling, and other drug crimes. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of drug crimes in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.