Internal prototype — noindexed, not linked from public navigation yet.

N.Y. PEN Law § 220.28

This is the official text of N.Y. PEN Law § 220.28, part of New York’s Penal Law — defines crimes and punishments in New York.

Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.

Use of a child to commit a controlled substance offense

Official statutory text

§ 220.28 Use of a child to commit a controlled substance offense.\n 1. A person is guilty of use of a child to commit a controlled\nsubstance offense when, being eighteen years old or more, he or she\ncommits a felony sale or felony attempted sale of a controlled substance\nin violation of this article and, as part of that criminal transaction,\nknowingly uses a child to effectuate such felony sale or felony\nattempted sale of such controlled substance.\n 2. For purposes of this section, "uses a child to effectuate the\nfelony sale or felony attempted sale of such controlled substance" means\nconduct by which the actor: (a) conceals such controlled substance on or\nabout the body or person of such child for the purpose of effectuating\nthe criminal sale or attempted sale of such controlled substance to a\nthird person; or (b) directs, forces or otherwise requires such child to\nsell or attempt to sell or offer direct assistance to the defendant in\nselling or attempting to sell such controlled substance to a third\nperson.\n For purposes of this section, "child" means a person less than sixteen\nyears of age.\n Use of a child to commit a controlled substance offense is a class E\nfelony.\n

Status: in_force · Read it on the official government site

About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.