§ 263.16 Possessing a sexual performance by a child.

Attorney's Note

Under the New York Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class E felonybetween 1 and 4 yearsup to $5,000
For details, see N.Y. Penal Law § 70.00

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Terms Used In N.Y. Penal Law 263.16

  • Performance: means any play, motion picture, photograph or dance. See N.Y. Penal Law 263.00
  • 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. 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

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.