What's happening
This bill creates a new, more severe felony for selling controlled substances to children under 14, and renames the existing offense for those under 17.
Why it matters
Creates a sharply higher penalty tier (Class A-II felony) for selling controlled substances to children under 14. , which is on par with some of the most serious drug-related offenses in New York. This means much longer potential prison sentences for offenders targeting the youngest minors.
Lowers the age threshold for the newly created, most serious offense from 17 to 14. , signaling a belief that selling drugs to preteens and young teens is especially egregious and warrants harsher punishment compared to selling to older teens.
Renames and reclassifies the existing offense (now “second degree”) for selling to minors under 17. , maintaining a significant penalty (Class B felony) but distinguishing it from the new, more severe first-degree offense for younger children.
Could impact prosecutorial discretion and plea negotiations. by providing a wider range of felony charges depending on the victim’s age, potentially influencing case outcomes and sentencing in drug sale cases involving minors.
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Tougher Penalties for Drug Sales to Kids
Plain English, a few words. Used as the page title.
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History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Tougher Penalties for Selling Drugs to Children
In Senate Committee · Codes · Sponsor Daphne Jordan
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2453
2019-2020 Regular Sessions
IN ASSEMBLY
January 22, 2019
Introduced by M. of A. SOLAGES -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to the criminal sale of a controlled substance to a person less than fourteen years of age
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 220.48 of the penal law, as added by section 28 of part AAA of chapter 56 of the laws of 2009, is amended to read as follows: § 220.48 Criminal sale of a controlled substance to a child in the
second degree.
A person is guilty of criminal sale of a controlled substance to a child in the second degree when, being over twenty-one years old, he or she knowingly and unlawfully sells a controlled substance in violation of section 220.34 or 220.39 of this article to a person less than seventeen years old.
Criminal sale of a controlled substance to a child in the second degree is a class B felony.
§ 2. The penal law is amended by adding a new section 220.49 to read as follows: § 220.49 Criminal sale of a controlled substance to a child in the first
degree.
A person is guilty of criminal sale of a controlled substance to a child in the first degree when, being over eighteen years old, he or she knowingly and unlawfully sells a controlled substance in violation of section 220.34 or 220.39 of this article to a person less than fourteen years old.
Criminal sale of a controlled substance to a child in the first degree is a class A-II felony.
§ 3. This act shall take effect on the one hundred eightieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04244-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.