§ 263.30 Facilitating a sexual performance by a child with a controlled\n substance or alcohol.\n 1. A person is guilty of facilitating a sexual performance by a child\nwith a controlled substance or alcohol when he or she:\n (a) (i) knowingly and unlawfully possesses a controlled substance as\ndefined in section thirty-three hundred six of the public health law or\nany controlled substance that requires a prescription to obtain, (ii)\nadministers that substance to a person under the age of seventeen\nwithout such person's consent, (iii) intends to commit against such\nperson conduct constituting a felony as defined in section 263.05,\n263.10, or 263.15 of this article, and (iv) does so commit or attempt to\ncommit such conduct against such person; or\n (b) (i) administers alcohol to a person under the age of seventeen\nwithout such person's consent, (ii) intends to commit against such\nperson conduct constituting a felony defined in section 263.05, 263.10,\nor 263.15 of this article, and (iii) does so commit or attempt to commit\nsuch conduct against such person.\n 2. For the purposes of this section, "controlled substance" means any\nsubstance or preparation, compound, mixture, salt, or isomer of any\nsubstance defined in section thirty-three hundred six of the public\nhealth law.\n Facilitating a sexual performance by a child with a controlled\nsubstance or alcohol is a class B felony.\n
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