S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1531
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2025
                                ___________
 
 Introduced  by M. of A. MIKULIN -- read once and referred to the Commit-
   tee 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:

   Section 1. Section 260.21 of the penal law, as added by chapter 362 of
 the laws of 1992, the opening paragraph of subdivision 1 as  amended  by
 chapter  478 of the laws of 1996 and subdivision 3 as amended by chapter
 100 of the laws of 2019, is amended to read as follows:
 § 260.21 Unlawfully dealing with a child in the second degree.
   A person is guilty of unlawfully dealing with a child  in  the  second
 degree when:
   1.  Being an owner, lessee, manager or employee of a place where alco-
 holic beverages are sold or given away, [he]    SUCH  PERSON  permits  a
 child  less than [sixteen] EIGHTEEN years old to enter or remain in such
 place unless:
   (a) The child is accompanied by [his] SUCH CHILD'S parent, guardian or
 an adult authorized by a parent or guardian; or
   (b) The entertainment or activity is being conducted for  the  benefit
 or  under  the  auspices  of a non-profit school, church or other educa-
 tional or religious institution; or
   (c) Otherwise permitted by law to do so; or
   (d) The establishment is closed to the public for a  specified  period
 of  time to conduct an activity or entertainment, during which the child
 is in or remains in such establishment, and no alcoholic  beverages  are
 sold,  served,  given away or consumed at such establishment during such
 period. The state liquor authority shall be notified in writing  by  the
 licensee  of  such establishment, of the intended closing of such estab-
 lishment, to conduct any such activity or entertainment, not  less  than
 ten days prior to any such closing; or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00198-01-5
              

 A. 1531                             2
 
   2. [He] SUCH PERSON marks the body of a child less than eighteen years
 old with indelible ink or pigments by means of tattooing; or
   3.  [He  or she] SUCH PERSON sells or causes to be sold tobacco in any
 form to a child less than twenty-one years old; OR
   4. BEING AN OWNER, LESSEE, MANAGER OR EMPLOYEE  OF  AN  ESTABLISHMENT,
 SUCH  PERSON  PERMITS  A  CHILD LESS THAN EIGHTEEN YEARS OLD TO ENTER OR
 REMAIN IN SUCH ESTABLISHMENT, PROVIDED THAT:
   (A) ALCOHOLIC BEVERAGES ARE EXCLUSIVELY SOLD, SERVED, OR GIVEN AWAY AT
 SAID ESTABLISHMENT; AND
   (B) THE MAJORITY OF THE GROSS SQUARE FEET OF SPACE THAT IS NONRESIDEN-
 TIAL IS USED FOR THAT PURPOSE AND WHERE THE  PRIMARY  FUNCTION  OF  SAID
 ESTABLISHMENT  IS  THE SELLING OF ALCOHOLIC BEVERAGES FOR CONSUMPTION ON
 THE PREMISES; AND
   (C) SAID ESTABLISHMENT DOES NOT HAVE AN ON-SITE KITCHEN THAT  IS  USED
 FOR THE PREPARATION OF FOOD ITEMS ORDERED BY PATRONS.
   It  is  no  defense  to a prosecution pursuant to subdivision three 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.
   Unlawfully  dealing  with  a  child  in the second degree is a class B
 misdemeanor.
   § 2.   This act shall take  effect  on  the  first  of  November  next
 succeeding the date upon which it shall have become a law.