The New York criminal code addresses various offenses pertaining to child pornography, encompassing those involving its creation and possession. According to New York Penal Law § 263.15, you can face charges for promoting a sexual performance by a child if you engage in the production, direction, or promotion of a performance featuring sexual conduct by a child under the age of 17. The term “performance” is broadly defined and includes plays, films, photographs, dances, or any other visual representation presented to an audience. Sexual conduct may involve actual sexual activity or simulated sexual activity. This encompasses sexual intercourse, oral or anal sexual contact, masturbation, bestiality, sado-masochistic behavior, or lewd exhibition of genitals.
Engaging in promoting a sexual performance by a child constitutes a class D felony. A conviction for this offense may result in a sentence of up to 7 years of imprisonment, a probationary period lasting 10 years, and significant fines. Moreover, it’s essential to be aware that possessing a sexual performance by a child falls under the category of a “registrable” offense according to the New York Sex Offender Registration Act. This signifies that if convicted, you will be obligated to be listed on the sex offender registration for a minimum of 20 years.
A valid defense against a charge of promoting a sexual performance by a child is the assertion that the individual involved was indeed 17 years of age or older, or that you held a reasonable belief that the individual was over the age of 17.
New York Penal Law § 263.15: Promoting a sexual performance by a child
An individual is deemed to have committed the offense of promoting a sexual performance by a child when, with knowledge of its nature and content, they produce, direct, or promote any performance that incorporates sexual conduct by a child under the age of seventeen.
- Use of a child in a sexual performance: New York Penal Law § 263.05
- Promoting an obscene sexual performance by a child: New York Penal Law § 263.10
- Possessing an obscene sexual performance by a child: New York Penal Law § 263.11
- Possessing a sexual performance by a child: New York Penal Law § 263.16