It’s almost a cliche at this point how complicated the law can be, with its mountain of legalese that seems like it was designed specifically just to give you a raging headache. But just because we’re confronted by this complicated, convoluted mess doesn’t mean we have to be confused when we’re dealing with matter of New York’s penal law. In fact, when you break the law down into simplified chunks of information, it’s actually pretty easy to not only make sense of the law, but also to figure out how to use it in your favor. With that in mind, let’s continue our ongoing look at criminal possession of a controlled substance, this time starting with use of a child to commit a controlled substance offense.
Use of a child to commit a controlled substance offense.
You’re guilty of this crime if you’re over eighteen and commit a felony sale or attempted sale of a controlled substance and then knowingly use a child to carry out that sale or attempted sale. Now by “uses a child to carry out the sale or attempted sale,” we mean some kind of conduct where you conceal the controlled substance on the body of the child to carry out the sale or attempted sale to someone else, or if you force the child to sell or attempt to sell the controlled substance to someone else. Also, by child we mean someone who’s younger than sixteen. Use of a child to commit a controlled substance offense is a class E felony.
Criminal sale of a controlled substance in the fifth degree.
This charge just means that you knowingly and unlawfully sold a controlled substance. Criminal sale of a controlled substance in the fifth degree is considered to be a class D felony.
Criminal sale of a controlled substance in the fourth degree.
This is when you knowingly and unlawfully sell a narcotic preparation, or a dangerous depressant or a depressant, and the dangerous depressant is ten ounces or more and the depressant is two pounds or more, or concentrated cannabis, or phencyclidine that’s fifty milligrams or more, or methadone, or phencyclidine when you’ve previously been convicted of a charge like this, or ketamine that’s four thousand milligrams or more, or a controlled substance that’s sold on school grounds, or a sale that takes place on the grounds of a child day care or other school type place when you have knowledge that that’s where you’re making the sale. Grounds of a child day care basically means what it says it is. A rebuttable presumption is when someone has knowledge they’re on a child day care’s grounds but there’s no notice of same, or the pre[arations containing GHB have an aggregate weight of twenty-eight grams or more. Criminal sale of a controlled substance in the fourth degree is a class C felony.
Criminal sale of a controlled substance in the third degree.
For this charge, you’re guilty if you knowingly and unlawfully sell either a narcotic drug, or a stimulant, hallucinogen, or hallucinogenic substance, or LSD and you’ve previously been convicted of some kind of charge like this, or a stimulant that weighs a gram or more, or LSD that’s one milligram or more, or a hallucinogen that weighs twenty-five milligrams or more, or a hallucinogenic substance that weighs one gram or more, or any kind of preparation or substance that contains methamphetamine and weighs one-eighth ounce or more, or phencyclidine that weighs two hundred fifty milligrams or more, or a narcotic preparation to someone who’s younger than twenty-one years old. Criminal sale of a controlled substance in the third degree is considered to be a class B felony.
See? That was pretty painless. When you break the law down into its composite parts like we just did with criminal possession of a criminal substance, everything becomes far clearer and easier to deal with overall.
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