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Article 263 - NY Penal Law

SEXUAL PERFORMANCE BY A CHILD

S 263.00 Definitions.
  As used in this article the following definitions shall apply:
  1. "Sexual performance" means any performance or part thereof which,
for purposes of section 263.16 of this article, includes sexual conduct
by a child less than sixteen years of age or, for purposes of section
263.05 or 263.15 of this article, includes sexual conduct by a child
less than seventeen years of age.
  2. "Obscene sexual performance" means any performance which, for
purposes of section 263.11 of this article, includes sexual conduct by a
child less than sixteen years of age or, for purposes of section 263.10
of this article, includes sexual conduct by a child less than seventeen
years of age, in any material which is obscene, as such term is defined
in section 235.00 of this chapter.
  3. "Sexual conduct"  means actual or simulated sexual intercourse, oral
sexual  conduct,  anal  sexual conduct, sexual bestiality, masturbation,
sado-masochistic abuse, or lewd exhibition of the genitals.
  4. "Performance" means any play, motion picture, photograph or dance.
Performance also means any other visual representation exhibited before
an audience.
  5. "Promote" means to procure, manufacture, issue, sell, give,
provide, lend, mail, deliver, transfer, transmute, publish, distribute,
circulate, disseminate, present, exhibit or advertise, or to offer or
agree to do the same.
  6. "Simulated" means the explicit depiction of any of the conduct set
forth in subdivision three of this section which creates the appearance
of such conduct and which exhibits any uncovered portion of the breasts,
genitals or buttocks.
  7.  "Oral  sexual  conduct" and "anal sexual conduct" mean the conduct
  defined by subdivision two of section 130.00 of this chapter.
  8. "Sado-masochistic abuse" means the conduct defined in subdivision
five of section 235.20 of this chapter.
  9.  For purposes of sections 263.10, 263.11, 263.15 and 263.16 of this
  article, the terms "possession," "control"  and  "promotion"  shall  not
  include conduct by an attorney when the performance was provided to such
  attorney   in   relation   to  the  representation  of  a  person  under
  investigation or charged under this chapter or as a respondent  pursuant
  to  the  family  court  act,  and  is  limited in use for the purpose of
  representation for the period of such representation.

S 263.05 Use of a child in a sexual performance.
  A person is guilty of the use of a child in a sexual performance if
knowing the character and content thereof he employs, authorizes or
induces a child less than seventeen years of age to engage in a sexual
performance or being a parent, legal guardian or custodian of such
child, he consents to the participation by such child in a sexual
performance.
  Use of a child in a sexual performance is a class C felony.

S 263.10 Promoting an obscene sexual performance by a child.
  A person is guilty of promoting an obscene sexual performance by a
child when, knowing the character and content thereof, he produces,
directs or promotes any obscene performance which includes sexual
conduct by a child less than seventeen years of age.
  Promoting an obscene sexual performance by a child is a class D felony.

S 263.11 Possessing an obscene sexual performance by a child.
  A  person  is  guilty of possessing an obscene sexual performance by a
  child when, knowing the character and content thereof, he knowingly  has
  in his possession or control, or knowingly accesses with intent to view,
  any  obscene  performance  which includes sexual conduct by a child less
  than sixteen years of age.
  Possessing an obscene sexual performance by a child is a class E felony.

S 263.15 Promoting a sexual performance by a child.
  A person is guilty of promoting a sexual performance by a child when,
knowing the character and content thereof, he produces, directs or
promotes any performance which includes sexual conduct by a child less
than seventeen years of age.
  Promoting a sexual performance by a child is a class D felony.

S 263.16 Possessing a sexual performance by a child.
  A person is guilty of possessing a sexual performance by a child when,
  knowing  the  character  and  content  thereof,  he knowingly has in his
  possession or control, or knowingly accesses with intent  to  view,  any
  performance  which  includes sexual conduct by a child less than sixteen
  years of age.
  Possessing a sexual performance by a child is a class E felony.

S 263.20 Sexual performance by a child; affirmative defenses.
  1.  Under  this  article,  it shall be an affirmative defense that the
  defendant in good faith reasonably believed the person appearing in  the
  performance  was,  for  purposes  of  section  263.11  or 263.16 of this
  article, sixteen years of age  or  over  or,  for  purposes  of  section
  263.05,  263.10  or  263.15  of  this article, seventeen years of age or
  over.
    2. In any prosecution for any offense pursuant to this article, it  is
  an  affirmative  defense  that  the  person  so  charged was a librarian
  engaged in the  normal  course  of  his  employment,  a  motion  picture
  projectionist,  stage  employee or spotlight operator, cashier, doorman,
  usher, candy stand attendant, porter or in any other  non-managerial  or
  non-supervisory capacity in a motion picture theatre; provided he has no
  financial interest, other than his employment, which employment does not
  encompass  compensation based upon any proportion of the gross receipts,
  in the promotion of a sexual performance for sale, rental or  exhibition
  or   in   the   promotion,  presentation  or  direction  of  any  sexual
  performance, or is in any way responsible for  acquiring  such  material
  for sale, rental or exhibition.

S 263.25 Proof of age of child.
  Whenever it becomes necessary for the purposes of this article to
determine whether a child who participated in a sexual performance was
under an age specified in this article, the court or jury may make such
determination by any of the following: personal inspection of the child;
inspection of a photograph or motion picture which constituted the
sexual performance; oral testimony by a witness to the sexual
performance as to the age of the child based upon the child`s
appearance; expert medical testimony based upon the appearance of the
child in the sexual performance; and any other method authorized by any
applicable provision of law or by the rules of evidence at common law.

S 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.

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