§ 260.20 Unlawfully dealing with a child in the first degree.\n A person is guilty of unlawfully dealing with a child in the first\ndegree when:\n 1. He knowingly permits a child less than eighteen years old to enter\nor remain in or upon a place, premises or establishment where sexual\nactivity as defined by article one hundred thirty, two hundred thirty or\ntwo hundred sixty-three of this part or activity involving controlled\nsubstances as defined by article two hundred twenty of this part is\nmaintained or conducted, and he knows or has reason to know that such\nactivity is being maintained or conducted; or\n 2. He gives or sells or causes to be given or sold any alcoholic\nbeverage, as defined by section three of the alcoholic beverage control\nlaw, to a person less than twenty-one years old; except that this\nsubdivision does not apply to the parent or guardian of such a person or\nto a person who gives or causes to be given any such alcoholic beverage\nto a person under the age of twenty-one years, who is a student in a\ncurriculum licensed or registered by the state education department,\nwhere the tasting or imbibing of alcoholic beverages is required in\ncourses that are part of the required curriculum, provided such\nalcoholic beverages are given only for instructional purposes during\nclasses conducted pursuant to such curriculum.\n It is no defense to a prosecution pursuant to subdivision two of this\nsection that the child acted as the agent or representative of another\nperson or that the defendant dealt with the child as such.\n It is an affirmative defense to a prosecution pursuant to subdivision\ntwo of this section that the defendant who sold, caused to be sold or\nattempted to sell such alcoholic beverage to a person less than\ntwenty-one years old, had not been, at the time of such sale or\nattempted sale, convicted of a violation of this section or section\n260.21 of this article within the preceding five years, and such\ndefendant, subsequent to the commencement of the present prosecution,\nhas completed an alcohol training awareness program established pursuant\nto subdivision twelve of section seventeen of the alcoholic beverage\ncontrol law. A defendant otherwise qualifying pursuant to this paragraph\nmay request and shall be afforded a reasonable adjournment of the\nproceedings to enable him or her to complete such alcohol training\nawareness program.\n Unlawfully dealing with a child in the first degree is a class A\nmisdemeanor.\n
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