There is a newer version
of
the New York Laws
2019 New York Laws
PEN - Penal
Part 3 - Specific Offenses
Title O - Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents
Article 263 - Sexual Performance by a Child
263.25 - Proof of Age of Child.
Universal Citation: NY Penal L § 263.25 (2019)
§ 263.25 Proof of age of child.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.
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