STATE OF NEW YORK ________________________________________________________________________ 5762 2025-2026 Regular Sessions IN ASSEMBLY February 20, 2025 ___________ Introduced by M. of A. SOLAGES -- read once and referred to the Commit- tee 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 Assem- bly, do enact as follows: 1 Section 1. Section 220.48 of the penal law, as added by section 28 of 2 part AAA of chapter 56 of the laws of 2009, is amended to read as 3 follows: 4 § 220.48 Criminal sale of a controlled substance to a child in the 5 second degree. 6 A person is guilty of criminal sale of a controlled substance to a 7 child in the second degree when, being over twenty-one years old, [he or 8 she] such person knowingly and unlawfully sells a controlled substance 9 in violation of section 220.34 or 220.39 of this article to a person 10 less than seventeen years old. 11 Criminal sale of a controlled substance to a child in the second 12 degree is a class B felony. 13 § 2. The penal law is amended by adding a new section 220.49 to read 14 as follows: 15 § 220.49 Criminal sale of a controlled substance to a child in the first 16 degree. 17 A person is guilty of criminal sale of a controlled substance to a 18 child in the first degree when, being over eighteen years old, such 19 person knowingly and unlawfully sells a controlled substance in 20 violation of section 220.34 or 220.39 of this article to a person less 21 than fourteen years old. 22 Criminal sale of a controlled substance to a child in the first degree 23 is a class A-II felony. 24 § 3. This act shall take effect on the one hundred eightieth day after 25 it shall have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01743-01-5