{"jurisdiction": "us-ny", "code": "penal", "section": "220.74", "citation": "Penal Law § 220.74", "heading": "Unlawful manufacture of methamphetamine in the second degree", "text": ["§ 220.74 Unlawful manufacture of methamphetamine in the second degree.", "A person is guilty of unlawful manufacture of methamphetamine in the second degree when he or she:", "1. Commits the offense of unlawful manufacture of methamphetamine in the third degree as defined in section 220.73 of this article in the presence of another person under the age of sixteen, provided, however, that the actor is at least five years older than such other person under the age of sixteen; or", "2. Commits the crime of unlawful manufacture of methamphetamine in the third degree as defined in section 220.73 of this article and has previously been convicted within the preceding five years of the offense of criminal possession of precursors of methamphetamine as defined in section 220.72 of this article, criminal possession of methamphetamine manufacturing material in the first degree as defined in section 220.71 of this article, unlawful disposal of methamphetamine laboratory material as defined in section 220.76 of this article, unlawful manufacture of methamphetamine in the third degree as defined in section 220.73 of this article, unlawful manufacture of methamphetamine in the second degree as defined in this section, or unlawful manufacture of methamphetamine in the first degree as defined in section 220.75 of this article.", "Unlawful manufacture of methamphetamine in the second degree is a class C felony."], "official_source": "https://www.nysenate.gov/legislation/laws/PEN/220.74", "from_official_api": true, "plain_english": "A person commits second-degree unlawful manufacture of methamphetamine by:\n- **(1)** committing third-degree manufacture under **§ 220.73** in the presence of someone **under 16 years old**, when the actor is **at least 5 years older** than that person; or\n- **(2)** committing third-degree manufacture under **§ 220.73** after a conviction **within the preceding 5 years** for criminal possession of precursors of methamphetamine (**§ 220.72**), criminal possession of methamphetamine manufacturing material in the first degree (**§ 220.71**), unlawful disposal of methamphetamine laboratory material (**§ 220.76**), or unlawful manufacture of methamphetamine in the third degree (**§ 220.73**), the second degree (this section), or the first degree (**§ 220.75**). ★\nThe offense is a **class C felony**.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/220.74", "publisher": "Elyphived LLC"}