{"jurisdiction": "us-ny", "code": "penal", "section": "220.28", "citation": "Penal Law § 220.28", "heading": "Use of a child to commit a controlled substance offense", "text": ["§ 220.28 Use of a child to commit a controlled substance offense.", "1. A person is guilty of use of a child to commit a controlled substance offense when, being eighteen years old or more, he or she commits a felony sale or felony attempted sale of a controlled substance in violation of this article and, as part of that criminal transaction, knowingly uses a child to effectuate such felony sale or felony attempted sale of such controlled substance.", "2. For purposes of this section, \"uses a child to effectuate the felony sale or felony attempted sale of such controlled substance\" means conduct by which the actor: (a) conceals such controlled substance on or about the body or person of such child for the purpose of effectuating the criminal sale or attempted sale of such controlled substance to a third person; or (b) directs, forces or otherwise requires such child to sell or attempt to sell or offer direct assistance to the defendant in selling or attempting to sell such controlled substance to a third person.", "For purposes of this section, \"child\" means a person less than sixteen years of age.", "Use of a child to commit a controlled substance offense is a class E felony."], "official_source": "https://www.nysenate.gov/legislation/laws/PEN/220.28", "from_official_api": true, "plain_english": "- **(1)** An adult **18 years old or older** commits this offense by carrying out a felony sale or attempted sale of a controlled substance and **knowingly using a child younger than 16 years** in the transaction.\n- **(2)** “Using” includes hiding the substance on the child or directing, forcing, or requiring the child to sell, attempt to sell, or directly help the sale. ★\nThe offense is a **class E felony**.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/220.28", "publisher": "Elyphived LLC"}