A person is guilty of the use of a child in a sexual performance if knowing the character and content thereof he employs, authorizes or induces a child less than seventeen years of age to engage in a sexual performance or being a parent, legal guardian or custodian of such child, he consents to the participation by such child in a sexual performance.

Terms Used In N.Y. Penal Law 263.05

  • 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

Use of a child in a sexual performance is a class C felony.