New York S 289: Expands the offense of unlawfully dealing with a child in the second degree

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S00289 Summary:

BILL NOS00289 

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SAME ASSAME AS A01531

&nbsp

SPONSORRHOADS

&nbsp

COSPNSRBORRELLO, OBERACKER

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MLTSPNSR

&nbsp

Amd §260.21, Pen L

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Expands the offense of unlawfully dealing with a child in the second degree to include allowing a child less than eighteen years old to enter or remain in an establishment that serves alcohol and does not have an on-site kitchen.

Go to top S00289 Actions:

BILL NOS00289 

&nbsp

01/08/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS00289 Committee&nbspVotes:

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There are no Assembly votes for this bill in this legislative session.

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 STATE OF NEW YORK
 ________________________________________________________________________

 289

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. RHOADS, BORRELLO, OBERACKER -- read twice and
 ordered printed, and when printed to be committed to the Committee on
 Codes

 AN ACT to amend the penal law, in relation to expanding the offense of
 unlawfully dealing with a child in the second degree

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 260.21 of the penal law, as added by chapter 362 of
 2 the laws of 1992, the opening paragraph of subdivision 1 as amended by
 3 chapter 478 of the laws of 1996 and subdivision 3 as amended by chapter
 4 100 of the laws of 2019, is amended to read as follows:
 5 § 260.21 Unlawfully dealing with a child in the second degree.
 6 A person is guilty of unlawfully dealing with a child in the second
 7 degree when:
 8 1. Being an owner, lessee, manager or employee of a place where alco-
 9 holic beverages are sold or given away, [he] such person permits a
 10 child less than [sixteen] eighteen years old to enter or remain in such
 11 place unless:
 12 (a) The child is accompanied by [his] such child's parent, guardian or
 13 an adult authorized by a parent or guardian; or
 14 (b) The entertainment or activity is being conducted for the benefit
 15 or under the auspices of a non-profit school, church or other educa-
 16 tional or religious institution; or
 17 (c) Otherwise permitted by law to do so; or
 18 (d) The establishment is closed to the public for a specified period
 19 of time to conduct an activity or entertainment, during which the child
 20 is in or remains in such establishment, and no alcoholic beverages are
 21 sold, served, given away or consumed at such establishment during such
 22 period. The state liquor authority shall be notified in writing by the
 23 licensee of such establishment, of the intended closing of such estab-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00198-01-5

 S. 289 2

 1 lishment, to conduct any such activity or entertainment, not less than
 2 ten days prior to any such closing; or
 3 2. [He] such person marks the body of a child less than eighteen years
 4 old with indelible ink or pigments by means of tattooing; or
 5 3. [He or she] Such person sells or causes to be sold tobacco in any
 6 form to a child less than twenty-one years old; or
 7 4. Being an owner, lessee, manager or employee of an establishment,
 8 such person permits a child less than eighteen years old to enter or
 9 remain in such establishment, provided that:
 10 (a) alcoholic beverages are exclusively sold, served, or given away at
 11 said establishment; and
 12 (b) the majority of the gross square feet of space that is nonresiden-
 13 tial is used for that purpose and where the primary function of said
 14 establishment is the selling of alcoholic beverages for consumption on
 15 the premises; and
 16 (c) said establishment does not have an on-site kitchen that is used
 17 for the preparation of food items ordered by patrons.
 18 It is no defense to a prosecution pursuant to subdivision three of
 19 this section that the child acted as the agent or representative of
 20 another person or that the defendant dealt with the child as such.
 21 Unlawfully dealing with a child in the second degree is a class B
 22 misdemeanor.
 23 § 2. This act shall take effect on the first of November next
 24 succeeding the date upon which it shall have become a law.

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