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 chapter
or activity involving controlled substances as defined by article two hundred twenty
of this chapter or involving marihuana as defined by article two hundred twenty-one
of this chapter 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.
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