New York Consolidated Laws

N.Y. Penal Law § 220.74 (2026)

Unlawful manufacture of methamphetamine in the second degree

✓ current as of May 2026
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§ 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.
Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2021–2025 · leading case: People v. Wilcox, 2021 NY Slip Op 02893 (N.Y. App. Div. 2021).
People v. Wilcox, 2021 NY Slip Op 02893 (N.Y. App. Div. 2021). “74 [2]) on the ground that, having previously been convicted within the preceding five years of a qualifying methamphetamine offense, defendant committed unlawful manufacture of methamphetamine in the third degree (§ 220.”
People v. Kilian, 2025 NY Slip Op 02710 (N.Y. App. Div. 2025). “Memorandum: Defendant appeals from a judgment convicting him, upon a nonjury verdict, of unlawful manufacture of methamphetamine in the second degree (Penal Law § 220.74 [2]) and criminal possession of a controlled substance in the seventh degree (§ 220.”
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