Promoting An Obscene Sexual Performance By A Child: NY Penal Law § 263.10

by ECL Writer
Promoting An Obscene Sexual Performance By A Child

Among the various offenses outlined in the New York criminal code concerning child exploitation, there are multiple violations specifically related to child pornography. The New York criminal code categorizes such material as “sexual performances.” Within this context, there exist several offenses connected to the utilization of minors in sexual acts, with one such offense being the promotion of an obscene sexual performance by a child.

According to New York Penal Law § 263.10, an individual may be charged with promoting an obscene sexual performance by a child if they engage in activities such as producing, directing, or promoting any sexually explicit content involving a child below 17 years of age. An obscene sexual performance, as defined by New York Penal Law § 235.10(1), encompasses the following criteria:

  • The material’s primary appeal is to prurient, or sexually arousing, interests in the average person.
  • It presents, in a manner blatantly offensive to societal norms, actual or simulated sexual acts, including sexual intercourse, criminal sexual acts, sexual bestiality, masturbation, sadism, masochism, excretion, or lewd exposure of genitals.
  • In its entirety, the content lacks substantial literary, artistic, political, or scientific value.

Sentence

Promoting an obscene sexual performance by a child is categorized as a class D felony, which, upon conviction, could lead to a potential sentence of up to seven years of imprisonment. Furthermore, the sentencing may encompass a ten-year probation period and a significant monetary penalty. Additionally, as a convicted individual, you will be mandated to register as a sex offender under the New York Sex Offender Registration Act.

Defenses

If your employment inadvertently involves contact with child pornography, you cannot be subject to child pornography charges solely due to such contact. Occupations that may inadvertently expose individuals to child pornography include roles such as a librarian, motion picture projectionist, stage employee, usher, candy stand attendant, or other non-managerial or non-supervisory positions within the theater industry.

New York Penal Law § 263.10: Promoting an obscene sexual performance by a child

An individual commits the offense of promoting an obscene sexual performance by a child when, with knowledge of its character and content, they produce, direct, or promote any sexually explicit performance involving a minor under the age of seventeen.

Related Offenses

Hiring a New York Lawyers

Hiring a New York lawyer for Promoting an obscene sexual performance by a child case is crucial. The legal process is complex, and the stakes are high. A skilled attorney will provide invaluable guidance, ensuring that the child’s rights are protected, and justice is served. They navigate intricate state laws and court procedures, building a robust defense or prosecution case. Their expertise in child protection, evidence collection, and trial advocacy is essential. Most importantly, they offer emotional support to the child and their family during this harrowing ordeal. Choosing the right New York lawyer is a profound commitment to safeguarding the child’s well-being and pursuing justice.

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