NY Penal Law § 263.30: Facilitating a sexual performance by a child with a controlled substance or alcohol

Of all of the offenses related to child pornography, facilitating a sexual performance by a child with a controlled substance or alcohol is the most serious. Under New York Penal Law § 263.30, you could be prosecuted for this crime if you knowingly give a minor drugs or alcohol in order to commit the crime of use of a child in a sexual performance, promoting an obscene sexual performance by a child, or promoting a sexual performance by a child. A "controlled substance" means any substance or preparation, compound, mixture, salt, or isomer of any substance defined in New York Public Health Law § 3306.

Jonathan put ecstacy in the drink of 15 year old Ashley. Soon after Ashley began to feel the affects of the ecstasy. Jonathan then asked Ashley to perform oral sex on him while he filmed it. Jonathan could be charged with facilitating a sexual performance by a child with a controlled substance or alcohol because he gave Ashley a controlled substance and after doing so he directed her involvement in a sexual performance.

1. Use of a child in a sexual performance: New York Penal Law § 263.05
2. Promoting an obscene sexual performance by a child: New York Penal Law § 263.10
3. Possessing an obscene sexual performance by a child: New York Penal Law § 263.11
4. Promoting a sexual performance by a child: New York Penal Law § 263.15
5. Possessing a sexual performance by a child: New York Penal Law § 263.16

A defense to a charge of facilitating a sexual performance by a child with a controlled substance is that the person involved was more than 17 years old, or that you reasonably believed that the person was more than 17 years old. However, even if the person was over 17 years old and you gave the person a controlled substance without his or her knowledge, you could still face felony sex crime and drug charges.

Facilitating a sexual performance by a child with a controlled substance is a class B felony. If you are convicted your sentence may include up to 25 years in prison, a probation term of 10 years, and a substantial fine. In addition, this crime is classified as a "registrable" offense under the New York Sex Offender Registration Act. This means that if you are convicted you will be placed on sex offender registration list for at least 20 years.

1. A person is guilty of facilitating a sexual performance by a child with a controlled substance or alcohol when he or she: (a) (i) knowingly and unlawfully possesses a controlled substance as defined in section thirty-three hundred six of the public health law or any controlled substance that requires a prescription to obtain, (ii) administers that substance to a person under the age of seventeen without such person's consent, (iii) intends to commit against such person conduct constituting a felony as defined in § 263.05, 263.10, or 263.15 of this article, and (iv) does so commit or attempt to commit such conduct against such person; or (b) (i) administers alcohol to a person under the age of seventeen without such person's consent, (ii) intends to commit against such person conduct constituting a felony defined in § 263.05, 263.10, or 263.15 of this article, and (iii) does so commit or attempt to commit such conduct against such person.

2. For the purposes of this section, "controlled substance" means any substance or preparation, compound, mixture, salt, or isomer of any substance defined in section thirty-three hundred six of the public health law.

If you are being investigated for facilitating a sexual performance by a child with a controlled substance or alcohol, it is imperative that you have experienced representation. 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 child pornography as well as sexual assault, child endangerment, harassment, menacing, and reckless endangerment. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of larceny in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.