2013 New York Consolidated Laws
PEN - Penal
Part 3 - SPECIFIC OFFENSES
Title O - OFFENSES AGAINST MARRIAGE, THE FAMILY, AND THE WELFARE OF CHILDREN AND INCOMPETENTS
Article 263 - (263.00 - 263.30) SEXUAL PERFORMANCE BY A CHILD
263.00 - Definitions.

 
  § 263.00 Definitions.
    As used in this article the following definitions shall apply:
    1.  "Sexual  performance" means any performance or part thereof which,
  for purposes of section 263.16 of this article, includes sexual  conduct
  by  a  child  less than sixteen years of age or, for purposes of section
  263.05 or 263.15 of this article, includes sexual  conduct  by  a  child
  less than seventeen years of age.
    2.  "Obscene  sexual  performance"  means  any  performance which, for
  purposes of section 263.11 of this article, includes sexual conduct by a
  child less than sixteen years of age or, for purposes of section  263.10
  of  this article, includes sexual conduct by a child less than seventeen
  years of age, in any material which is obscene, as such term is  defined
  in section 235.00 of this chapter.
    3. "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.
    4. "Performance" means any play, motion picture, photograph or  dance.
  Performance  also means any other visual representation exhibited before
  an audience.
    5.  "Promote"  means  to  procure,  manufacture,  issue,  sell,  give,
  provide,  lend, mail, deliver, transfer, transmute, publish, distribute,
  circulate, disseminate, present, exhibit or advertise, or  to  offer  or
  agree to do the same.
    6.  "Simulated" means the explicit depiction of any of the conduct set
  forth in subdivision three of this section which creates the  appearance
  of such conduct and which exhibits any uncovered portion of the breasts,
  genitals or buttocks.
    7.  "Oral  sexual  conduct" and "anal sexual conduct" mean the conduct
  defined by subdivision two of section 130.00 of this chapter.
    8. "Sado-masochistic abuse" means the conduct defined  in  subdivision
  five of section 235.20 of this chapter.
    9.  For purposes of sections 263.10, 263.11, 263.15 and 263.16 of this
  article, the terms "possession," "control"  and  "promotion"  shall  not
  include conduct by an attorney when the performance was provided to such
  attorney   in   relation   to  the  representation  of  a  person  under
  investigation or charged under this chapter or as a respondent  pursuant
  to  the  family  court  act,  and  is  limited in use for the purpose of
  representation for the period of such representation.