NY Penal Law § 263.16: Possessing a Sexual Performance by a Child.

Overview of Child Pornography Offenses in New York

There are numerous offenses in the New York criminal code that deal with child pornography. Two of these offenses are related to having child pornography in your possession. You could be prosecuted under New York Penal Law § 263.16 for possessing a sexual performance by a child when you consciously possess or control any performance which displays sexual conduct by a child who is younger than 16 years old.

Key Definitions Under the Statute

What Constitutes a "Performance"

In the criminal code, the term "performance" has a rather broad definition. It encompasses a play, a movie, photography, dance show, or any other visual representation that is exhibited before an audience.

What Constitutes "Sexual Conduct"

The sexual conduct referred to can be actual sexual activity. Additionally, simulated sexual activity is also prohibited by this law. Sexual conduct refers to sexual intercourse, oral or anal sexual contact, masturbation, sado-masochistic behavior, bestiality, or lewd exhibition of genitals.

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