§ 220.44 Criminal sale of a controlled substance in or near school\n grounds.\n A person is guilty of criminal sale of a controlled substance in or\nnear school grounds when he knowingly and unlawfully sells:\n 1. a controlled substance in violation of any one of subdivisions one\nthrough six-a of section 220.34 of this article, when such sale takes\nplace upon school grounds or on a school bus; or\n 2. a controlled substance in violation of any one of subdivisions one\nthrough eight of section 220.39 of this article, when such sale takes\nplace upon school grounds or on a school bus; or\n 3. a controlled substance in violation of any one of subdivisions one\nthrough six of section 220.34 of this article, when such sale takes\nplace upon the grounds of a child day care or educational facility under\ncircumstances evincing knowledge by the defendant that such sale is\ntaking place upon such grounds; or\n 4. a controlled substance in violation of any one of subdivisions one\nthrough eight of section 220.39 of this article, when such sale takes\nplace upon the grounds of a child day care or educational facility under\ncircumstances evincing knowledge by the defendant that such sale is\ntaking place upon such grounds.\n 5. For purposes of subdivisions three and four of this section, "the\ngrounds of a child day care or educational facility" means (a) in or on\nor within any building, structure, athletic playing field, a playground\nor land contained within the real property boundary line of a public or\nprivate child day care center as such term is defined in paragraph (c)\nof subdivision one of section three hundred ninety of the social\nservices law, or nursery, pre-kindergarten or kindergarten, or (b) any\narea accessible to the public located within one thousand feet of the\nreal property boundary line comprising any such facility or any parked\nautomobile or other parked vehicle located within one thousand feet of\nthe real property boundary line comprising any such facility. For the\npurposes of this section an "area accessible to the public" shall mean\nsidewalks, streets, parking lots, parks, playgrounds, stores and\nrestaurants.\n 6. For the purposes of this section, a rebuttable presumption shall be\nestablished that a person has knowledge that they are within the grounds\nof a child day care or educational facility when notice is conspicuously\nposted of the presence or proximity of such facility.\n Criminal sale of a controlled substance in or near school grounds is a\nclass B felony.\n
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.