N.Y. Penal Law 263.25 – Proof of age of child
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§ 263.25 Proof of age of child.
Terms Used In N.Y. Penal Law 263.25
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Performance: means any play, motion picture, photograph or dance. See N.Y. Penal Law 263.00
- Sexual performance: means any performance or part thereof which, for purposes of section 263. See N.Y. Penal Law 263.00
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
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.