N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents / ARTICLE Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons
New York Consolidated Laws

N.Y. Penal Law § 260.20 (2026)

Unlawfully dealing with a child in the first degree

✓ current as of May 2026
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§ 260.20 Unlawfully dealing with a child in the first degree.
  A person is guilty of unlawfully dealing with a child in the first
degree when:
  1. He knowingly permits a child less than eighteen years old to enter
or remain in or upon a place, premises or establishment where sexual
activity as defined by article one hundred thirty, two hundred thirty or
two hundred sixty-three of this part or activity involving controlled
substances as defined by article two hundred twenty of this part is
maintained or conducted, and he knows or has reason to know that such
activity is being maintained or conducted; or
  2. He gives or sells or causes to be given or sold any alcoholic
beverage, as defined by section three of the alcoholic beverage control
law, to a person less than twenty-one years old; except that this
subdivision does not apply to the parent or guardian of such a person or
to a person who gives or causes to be given any such alcoholic beverage
to a person under the age of twenty-one years, who is a student in a
curriculum licensed or registered by the state education department,
where the tasting or imbibing of alcoholic beverages is required in
courses that are part of the required curriculum, provided such
alcoholic beverages are given only for instructional purposes during
classes conducted pursuant to such curriculum.
  It is no defense to a prosecution pursuant to subdivision two of this
section that the child acted as the agent or representative of another
person or that the defendant dealt with the child as such.
  It is an affirmative defense to a prosecution pursuant to subdivision
two of this section that the defendant who sold, caused to be sold or
attempted to sell such alcoholic beverage to a person less than
twenty-one years old, had not been, at the time of such sale or
attempted sale, convicted of a violation of this section or section
260.21 of this article within the preceding five years, and such
defendant, subsequent to the commencement of the present prosecution,
has completed an alcohol training awareness program established pursuant
to subdivision twelve of section seventeen of the alcoholic beverage
control law. A defendant otherwise qualifying pursuant to this paragraph
may request and shall be afforded a reasonable adjournment of the
proceedings to enable him or her to complete such alcohol training
awareness program.
  Unlawfully dealing with a child in the first degree is a class A
misdemeanor.
Notes of Decisions
Cited in 59 cases (1 in the last 5 years), 1985–2021 · leading case: Sheehy v. Big Flats Cmty. Day, Inc., 541 N.E.2d 18 (N.Y. 1989).
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Sheehy v. Big Flats Cmty. Day, Inc., 541 N.E.2d 18 (N.Y. 1989). · cites it 12× “Penal Law § 260.20 (4), which makes it a crime for anyone but a parent or guardian to furnish alcoholic beverages to a person who is under the legal purchase age, does not give rise to an implied private right of action in favor of such a person who has been injured as a result…”
People v. Gravino, 928 N.E.2d 1048 (N.Y. 2010). · cites it 2× “10 [1]), and unlawfully dealing with a child in the first degree (two counts) (Penal Law § 260.20 [2]) for providing alcohol to underage children and having sex with a 14-year-old boy.”
The People v. Richard M. Leonard, 73 N.E.3d 344 (N.Y. 2017). “65 [2]) and unlawfully dealing with a child in the first degree (Penal Law § 260.20) for serving alcohol to an underage relative (hereinafter the victim) and then sexually abusing her while she was intoxicated.”
The People v. Sandra Diaz, 27 N.E.3d 459 (N.Y. 2015). · cites it 3× “Upon defendant’s appeal, the Appellate Division affirmed, holding that the trial evidence “supported] the conclusion that defendant exercised dominion and control, at least jointly with the codefendant, over the contraband”; and “also established the elements of first-degree…”
Sheehy v. Big Flats Cmty. Day, Inc., 137 A.D.2d 160 (N.Y. App. Div. 1988). · cites it 6× “Plaintiffs do, however, argue that Supreme Court improperly dismissed the causes of action alleging common-law negligence and purporting to allege a violation of Penal Law § 260.20 (former [4]). 1 Turning first to plaintiffs’ common-law negligence claim, it appears that when the…”
Rhodes v. Herz, 84 A.D.3d 1 (N.Y. App. Div. 2011). “lly manifest from the language itself (see Uhr, 94 NY2d at 38-39 [Court found that plaintiff, a student, was undoubtedly a member of the class for whose benefit Education Law § 905 (1) was enacted insofar as the statute mandated that students be screened for scoliosis]; Sheehy,…”
People v. Himmel, 252 A.D.2d 273 (N.Y. App. Div. 1999). · cites it 2× “The present version of the statute, Penal Law § 260.20, is, however, not subject to the Martell analysis.”
People v. Grasso, 42 A.D.3d 126 (N.Y. App. Div. 2007). “In Sheehy , the issue was whether a private right of action in favor of intoxicated minors fairly could be implied from the statutory prohibition, contained in Penal Law § 260.20 (4) (now [2]), on furnishing alcoholic beverages to persons under the legal purchase age.”
People v. Frysinger, 111 A.D.3d 1397 (N.Y. App. Div. 2013). “Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of unlawfully dealing with a child in the first degree (Penal Law § 260.20 [2]). We note at the outset *1398 that defendant’s waiver of the right to appeal is invalid.”
Rust v. Reyer, 693 N.E.2d 1074 (N.Y. 1998). “New York has taken the former approach: in addition to making it a crime to furnish alcoholic beverages to a minor in most cases (Penal Law § 260.20 [2]), in 1983 the Legislature enacted General Obligations Law § 11-100, which provides: “Any person who shall be injured in…”
Montgomery v. Orr, 130 Misc. 2d 807 (N.Y. Sup. Ct. 1986). · cites it 6× “Following the accident, defendant Orr pleaded guilty to vehicular homicide and to driving while intoxicated.”
People v. Wing, 569 N.E.2d 867 (N.Y. 1991). · cites it 4× “Defendant has been convicted after a jury trial of two counts of unlawfully dealing with a child in violation of Penal Law § 260.20 (4) upon evidence that he gave alcoholic beverages to two persons less than 21 years of age.”
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