§ 263.11 Possessing an obscene 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 263.11

  • Obscene sexual performance: means any performance which, for purposes of section 263. See N.Y. Penal Law 263.00
  • 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 an obscene 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 obscene performance which includes sexual conduct by a child less than sixteen years of age.

Possessing an obscene sexual performance by a child is a class E felony.