Penal Law § 130.90

Facilitating a sex offense with a controlled substance · as in force on May 31, 2026

§ 130.90 Facilitating a sex offense with a controlled substance.

A person is guilty of facilitating a sex offense with a controlled substance when he or she:

1. knowingly and unlawfully possesses a controlled substance or any preparation, compound, mixture or substance that requires a prescription to obtain and administers such substance or preparation, compound, mixture or substance that requires a prescription to obtain to another person without such person's consent and with intent to commit against such person conduct constituting a felony defined in this article; and

2. commits or attempts to commit such conduct constituting a felony defined in this article.

Facilitating a sex offense with a controlled substance is a class D felony.

Official sourcehttps://www.nysenate.gov/legislation/laws/PEN/130.90

In plain English

A person facilitates a sex offense with a controlled substance by:

(1) knowingly and unlawfully possessing a controlled or prescription-only substance and administering it without consent, intending to commit an article 130 felony against that person; and
(2) committing or attempting that intended felony conduct. ★

It is a class D felony.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.