Section 263.30. Facilitating a sexual performance by a child with a controlled substance or alcohol

1. A person is guilty of facilitating a sexual performance by a  child
  with a controlled substance or alcohol when he or she:
    (a)  (i)  knowingly and unlawfully possesses a controlled substance as
  defined in section thirty-three hundred six of the public health law  or
  any  controlled  substance  that requires a prescription to obtain, (ii)
  administers that substance to  a  person  under  the  age  of  seventeen
  without  such  person's  consent,  (iii)  intends to commit against such
  person conduct constituting a  felony  as  defined  in  section  263.05,
  263.10, or 263.15 of this article, and (iv) does so commit or attempt to
  commit such conduct against such person; or
    (b)  (i)  administers  alcohol  to a person under the age of seventeen
  without such person's consent,  (ii)  intends  to  commit  against  such
  person  conduct constituting a felony defined in section 263.05, 263.10,
  or 263.15 of this article, and (iii) does so commit or attempt to commit
  such conduct against such person.
    2. For the purposes of this section, "controlled substance" means  any
  substance  or  preparation,  compound,  mixture,  salt, or isomer of any
  substance defined in section thirty-three  hundred  six  of  the  public
  health law.
    Facilitating  a  sexual  performance  by  a  child  with  a controlled
  substance or alcohol is a class B felony.