New York 2025-2026 Regular Session

New York Assembly Bill A05762

Introduced
2/20/25  
Refer
2/20/25  

Caption

Provides that criminal sale of a controlled substance by an adult to a person less than fourteen years of age is a class A-II felony.

Summary

Bill A05762 amends the New York Penal Law to establish stricter penalties for the sale of controlled substances to minors. Specifically, it introduces a new offense, 'criminal sale of a controlled substance to a child in the first degree,' which applies to individuals over eighteen who sell controlled substances to persons under fourteen years of age. This offense is classified as a class A-II felony, significantly increasing the legal repercussions for such actions compared to existing laws.

Impact

The bill modifies existing statutes concerning the sale of controlled substances, particularly enhancing penalties for those who target younger minors. By categorizing the sale of drugs to children under fourteen as a class A-II felony, the bill aims to deter drug trafficking to vulnerable populations and aligns with broader efforts to combat drug-related crimes in New York State.

Sentiment

The sentiment surrounding Bill A05762 appears to be generally supportive, with discussions highlighting the need for stricter laws to protect children from drug exposure. However, there may be concerns regarding the implications of harsher penalties on individuals charged under this new classification, which could lead to debates on the effectiveness of punitive measures versus rehabilitative approaches.

Contention

Notable points of contention may arise from the balance between public safety and the potential for excessive punishment. Some advocates argue that while protecting children is paramount, the bill could lead to disproportionately severe consequences for individuals involved in non-violent drug offenses. The discussion may involve differing opinions from law enforcement, legal advocates, and community organizations regarding the best approach to address drug sales to minors.

Companion Bills

NY S01388

Same As Provides that criminal sale of a controlled substance by an adult to a person less than fourteen years of age is a class A-II felony.

Previously Filed As

NY S01388

Provides that criminal sale of a controlled substance by an adult to a person less than fourteen years of age is a class A-II felony.

NY SB580

Increasing penalty for felony distribution of controlled substance classified in Schedule I or II

NY S09938

Imposes certain sentences of imprisonment for offenses committed while using public transportation; creates the offense of reckless endangerment on public transportation as a class A-I felony.

NY A11222

Imposes certain sentences of imprisonment for offenses committed while using public transportation; creates the offense of reckless endangerment on public transportation as a class A-I felony.

NY SB2041

Crimes and punishments; Uniform Controlled Dangerous Substances Act; creating certain felony offense; assigning certain classifications. Effective date.

NY HB413

Criminal Law - Controlled Dangerous Substances and Firearms

NY SB925

Criminal Law - Controlled Dangerous Substances and Firearms

NY HB417

Criminal Law - Schedule III Controlled Dangerous Substances - Medetomidine and Xylazine

NY HB0417

Criminal Law - Schedule III Controlled Dangerous Substances - Medetomidine and Xylazine

NY HB2365

Adding and removing certain substances in schedules I, III and IV of the uniform controlled substances act and making conforming changes to the criminal code definition of fentanyl-related controlled substances.

Similar Bills

No similar bills found.