Possessing an Obscene Sexual Performance by a Child – NYPL § 263.11

Possessing an Obscene Sexual Performance by a Child - NYPL § 263.11

24/7 – Free attorney consultation
Flat fee rates
Hundreds of 5-star reviews
Payment plans are available and credit cards accepted
Trust our history of massive wins in state and federal court

Don’t waste time anxiously searching online to find out what will happen with your case and if you will have a criminal record or worse, have to serve jail time. You can be on the phone with an attorney who will lay everything out for you in minutes.

Get Defense from Our Proven New York Attorney

In the state of New York, possessing an obscene sexual performance by a child is a serious criminal offense. This offense is rooted in New York Penal Law § 263.11, which criminalizes the possession of any material that visually depicts sexual conduct by a child under the age of 17. Understanding the intricacies of this law is critical, as the consequences of a conviction can be profound and long-lasting, affecting one’s reputation, freedom, and future.

Our experienced New York sex crimes attorneys at Lebedin Kofman LLP bring a wealth of legal understanding to the table, offering comprehensive assistance to those entangled in the complexities of New York’s penal codes. If you have been charged under NYPL § 263.11, contact us today to receive seasoned and tailored assistance.

Hypothetical Example

Jane enjoys collecting vintage comic books and often buys them from online auctions. One day, Jane receives a package from an online seller that includes several comic books, along with a USB drive. Curious, Jane checks the contents of the USB and finds it contains videos. Upon viewing the videos, she realizes they show sexually explicit acts involving what appear to be minors.

Jane is disturbed and decides to delete the videos, but before she can do so, her roommate inadvertently reports the content to the police after borrowing the USB drive. When the police arrive, they find the USB drive with the videos still on it in Jane’s possession. Consequently, Jane is arrested and charged under New York’s Penal Law § 263.11 for possessing an obscene sexual performance by a child.

In this scenario, Jane is charged because:

She had possession of material (the videos on the USB drive) that depicted obscene sexual performances.
The individuals in the videos appeared to be children under the age of 17, making the content illegal.
Even though Jane’s possession was unintentional, she is still legally accountable for the material found in her possession, which is a violation of the law.

Despite her lack of intent to possess illegal content and her initial desire to delete the videos, Jane faces serious legal consequences for merely having the material in her possession, illustrating the severity of New York’s laws regarding obscene material involving children.

Elements and Definitions

To convict an individual under NYPL § 263.11, the prosecution must establish the following elements beyond a reasonable doubt:

Possession: The defendant must knowingly have in their possession or control, an obscene performance.
Nature of the Performance: The performance must be obscene, and it must involve sexual conduct by a child less than 17 years old.
Knowledge: The defendant must be aware, or should reasonably be expected to be aware, that the performance portrays a child less than 17 years old engaged in sexual conduct.

Definitions

Obscene: Under New York law, material is obscene if it appeals to the prurient interest in sex and depicts or describes sexual conduct in a patently offensive way, lacking serious literary, artistic, political, or scientific value.
Sexual Conduct: This term is broadly defined to include actual or simulated sexual intercourse, deviant sexual intercourse, sexual bestiality, masturbation, sadistic or masochistic acts, or lewd exhibition of the genitals.

Possible Legal Defenses

Defendants charged under NYPL § 263.11 may employ various legal defenses, including:

Good Faith Belief in Age: A defense can be that the individual had a bona fide, or good faith, belief that the person depicted was not a child under the age of 16, but was 16 or older. The key is the reasonableness of the belief, not the actual age of the person depicted.
Exposure due to Professional Capacity: If encountering child pornography is incidental to one’s professional responsibilities, this may serve as a defense. The person cannot be charged with possession if their job reasonably exposes them to such material.

Penalties

Conviction under NYPL § 263.11 for possessing an obscene sexual performance by a child is classified as a class E felony.

The penalties may include:

Imprisonment: A term of up to 4 years in state prison.
Probation: A conviction under NYPL § 263.11 can also include probation for up to 10 years
Fines: A potential fine, the amount of which is determined by the court.
Sex Offender Registration: The defendant may be required to register as a sex offender, which carries long-term social and legal consequences.

It is crucial for anyone charged with this offense to seek competent legal counsel to navigate the complexities of the law and mount an effective defense.

New York Penal Law § 263.11: Possessing an Obscene Sexual Performance by a Child

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.

Get Experienced Legal Assistance from Lebedin Kofman LLP Today

Understanding New York’s laws regarding the possession of obscene sexual performances by a child is crucial for anyone facing such charges. If you find yourself accused under this statute, the implications can be severe and life-altering. Knowledge of the law and a solid defense strategy are key to navigating these serious accusations.

Lebedin Kofman LLP offers legal representation for those charged with Possessing an Obscene Sexual Performance by a Child in New York. Our attorneys understand the sensitive nature of such cases and are prepared to provide a measured and effective defense. We focus on understanding each client’s specific situation, providing legal advice and representation that are tailored to the unique aspects of every case.

If you’re dealing with charges under Penal Law § 263.11, it is essential to seek legal counsel promptly. The lawyers at Lebedin Kofman LLP are available to discuss your case, help clarify the legal process, and work with you to develop a strategy aimed at protecting your rights and addressing the charges.

Testimonials

Client Reviews

I hired Russ to represent me in a domestic violence/criminal case in Manhattan. From the beginning to end of the case, he was professional, supportive and dependable. He alleviated all of my concerns with the possible outcome of my case by assuring me the case would be dismissed. He was absolutely right and successfully got my case dismissed. He was always there, any time of the day or night to answer any questions or concerns. I highly recommend obtaining him as your attorney, he is the best you can find to have in your corner!!

I had the pleasure of using Lebedin Kofman LLP, i was greatly satisfied, my son had a very difficult case, assault on NYC police officer, and he got the case completely dismissed. They also work with you on payment plans, all in all i was very pleased, and would definitely use them again. But really hoping I won't need to! lol

I am writing this review to state Big Russ got me back Big Buck for my case.I thank God for Mr. Russ Kofman,and his fine team of lawyers and paralegals. That have the resources and knowledge to make the City and NYC Police Department Paid for what they did to me falsely arrested and falsely incarcerated me. Iam so Graceful ,Thankful and Well Please about the result of my case Mr.Kofman and that fine team of yours .All my plain and all my Suffering did not go away but it sure will help me along the way with that financial blessing.Its just fantastic and so amazing how much I got back. You guys guided me every step of the way.I appreciate all the time and all the effort it took for my result.You guys are heaven send. Thank You Mr.Russ Kofman an Team HALLELUJAH THANK YOU JESUS!!! God bless You Michael

HIGHLY RECOMMENDED! Saw this law firm online, based on good reviews, I contacted their office and Attorney Arthur Lebedin called me back outright and had given me consultations for free. I went to his office and Atty. Arthur was so gracious listening to my woes with regards to my credit card debts. He’s very knowledgeable of what he does and very professional too. Atty Arthur and everyone down the line - worked hand in hand to make things right for me sooner than I thought. I paid just 1/3 of my outstanding obligations and saved over $9,200+ from the original amount I’m supposed to pay. What an excellent settlement! So grateful to be represented by these amazing lawyers most especially to Attorney Arthur Lebedin, Attorney Stephannie Miranda and the rest of their team. Needless to say, their professional fees are way too reasonable and fair with an option to pay it on an installment basis. My case was settled/resolved in no less time. Exceeded my expectations. What a relief on my part for these settlement that they negotiated on my behalf. Thank you very much.

Highly recommended!

I have been working with different law firms throughout my career. I have had a variety of experiences some good some bad. With that said, my experience with Lebedin Kofman LLP was stellar. They more than delivered. My experience could not have been better. Arthur and his team really had my back. I did alot of research upfront before selecting them and it really paid off. I cannot thank them enough.

We needed legal representation in NYC after our son got into some trouble at a nightclub with an overly aggressive bouncer. Living on the west coast, we were worried about getting the best representation for his case, being so far away. We took the leap and called up Russ Kofman based on the high reviews we saw on Yelp. He was very knowledgeable about the type of case and what could be hoped for in terms of trying to get the charges reduced from misdemeanor to violation. Although the hearing date was over 2 months out, we did not hear from the DA until almost the day before the hearing which was frustrating but out of our control. We then were assigned to work with Sahar Shams, an Associate at the firm that did a great job with last minutes planning and communication with us. Sahar had worked in the DA's office and so had a great insider's view of how they work. She was able to negotiate with the DA office to get the charges reduced even further than he hoped down to an ACD with additional favorable conditions which was a great relief for our son and us. Thanks to Sahar and Russ for the great service. We highly recommend them and the firm!

I have been blown away with the level of dedication, customer service and patience provided by this firm. My husband had acquired a large amount of debt from school (an education he was unable to finish due to extenuating circumstances) and that debt was always hovering over him. The debt collectors were offering ridiculous payment plans ($600 - $1200 a month when my husband only made $1000 a month). Finding any resolution seemed hopeless, and then the loan went into default. We knew we needed to seek help. My husband and I had a preliminary meeting with Arthur Lebedin to go over the details of the issues. He was very understanding, patient and explained everything to us in terms we could understand. He assured us that his firm has a good relationship with many debt collectors and they'd been successful in reaching agreements/payment plans that work for both parties. We had a lot of back and forth, but that's a good thing in this case. They always kept us updated with what was going on. We were dealing directly with Esta Kravets, a paralegal who went above and beyond the negotiate our debt agreement. She worked with us over several months and assured us she would get us a deal that we could be comfortable with. Anytime I was worried about the amount of time that had gone by, I was reassured that they were handling everything. And they did! My husband ended up paying 1/3rd of his original debt. That's amazing! Resolving our debt paired with the overall professionalism and service they provided us during the entire process is what makes me give 5 stars.

Russ handled my domestic violence case which flowed into a very messy divorce. He guided me throw this very scary process and resolved the criminal case very quickly, then turned the tables on my husband and absolutely wiped the floor with his divorce lawyer. I was very happy standing next to him in court and I highly recommend him to anyone looking for a powerhouse lawyer. His fees were also very reasonable and the fact that you get a great team of lawyers working for you helps very much.

Going in for my DMV chemical refusal case, I was very anxious having my license being revoked for a up to a year. The odds were stacked against me, having little hope of any positive certainty. Russ Kofman explained in great detail of what I was facing and the fines that would accompany me in the near future. He showed me his plan and the research he had done. During the safety hearing I was able to witness the powerhouse that Russ Kofman is. He was able to dismiss my case and save tons of money on future fines. Leaving the court room I thought I was dreaming! Thank you Russ Kofman!

I have used them for my civil cases and my criminal cases they are very hard working and professional. They will stop at nothing to see that you get the justice you deserve and i highly recommend them to anyone who is in need of a great law firm. Lastly i would like to thank them for sticking by me and proving my innocence.

Amazing! I highly recommend Russ Kofman! My case was a difficult one and now I'm here without any criminal record thanks to Russ. He is highly skilled in DUI law and criminal defense law. I would recommend him to anyone. I'm so grateful that I chose him as my lawyer !! Very professional, if you're in need of a lawyer that truly is going to get you the best offer possible regarding a DUI, then I suggest Russ Kofman.

Arthur was extremely kind and helpful when I first called him to get some advice on how to settle some credit card debt and student loan issues.

He was patient, understanding and clear and set my mind at ease about the entire situation. His team has been excellent in helping settle debts for substantially less than owed and have been an invaluable resource when it comes to helping get my financial house in order.

I would not hesitate to hire Arthur again and will do so if the need arises in the future.

I had a very tough felony cocaine possession and sale case in Queens. I was falsely accused and only Mr. Kofman believed in me. He worked non stop to get my case solved. The investigator he sent out found the evidence that later acquitted me. My family is forever grateful to this firm and I would tell you to call them if your family or friend is ever in trouble. They pick up the phone at any time even when my girlfriend called them at 2 or 3 am in an emergency. Kofman knows drug cases in and out and saved my family a ton of money on bail because he got me ror when the prosecutor was asking for a hundred thousand dollars bail bc of my history.

I was in a case of self-defense and Russ Kaufmann help me get my freedom back. They were trying to give me 2 - 7 years for something I didn't do and Russ Kaufman believed in me and made sure that everything was going to be taken care of. After a few months of the court system delays the case was thrown out and i was a free man. thank you for everything. The professionalism the respect in the quality of care is superb. Hands down the best lawyer I have ever encountered. A+ QUALITY FIRM. A definite recommendation to anyone.

Lebedin Kofman has been great to me. They were very understanding regarding my lawsuit and did everything in their power to help me. Kelsey Was amazing, answered back in a timely manner whenever I had Questions and never made me feel uncomfortable or like It wasn’t worth it. They worked hard and ended up getting me a nice sized lawsuit. I appreciate them for all of their work and would recommend to anyone looking for a lawyer who actually cares about you and your case.

Lebedin Kofman LLP is INCREDIBLE!!!!! Arthur and his team demonstrate exceptional professionalism and legal expertise. I was so scared when I received a letter from the court but, Arthur and his team took the time to carefully explain my options and they worked with me to find a solution. Not only did they solve the problem, they got the case thrown out. I can't praise their work enough. I've never written a review in my life , but, I had to for Lebedin Kofman LLP.

I was charged with grand larceny. Russ Kofman and his team had all criminal charges against me dropped, I was found guilty of a minor violation. At all times Russ and his associates were available for me and were extremely helpful and professional. I hope that I never have a need for a lawyer again, however Russ Kofman would be my only choice should the need arise.

I had criminal charges against me and needed to hire a lawyer fast. I decided to call Russ Kofman and told him about my case. The cops locked me up and Russ and his team made sure that I was going to get out. Russ told me to keep calm and let him handle everything. Words can’t explain how Russ got me out less then 34 hours and to top it off he made the DA dropped the charges and had the case dismissed.After I got out Lebedin Kofman and I decided to file a lawsuit against the city, and they got me a great settlement.

Do not hesitate to call this firm because they will be right by your side every step of the way. They surely live up to their great reviews.

I contacted this firm after spending nearly a year worrying about the consequences of answering a bench warrant. After submitting my information online I was called later that day and spoke to the attorney. His professionalism and knowledge were immediately comforting and I knew I had made the right move. I appeared in court with an attorney from the firm who guided me every step of the way. I only wish I would I have contacted Lebedin Kofman earlier instead of letting fear of the justice system get the best of me. Thank you Lebedin Kofman for helping me get back on the right track, I would highly recommend this firm.

I had a very dicey refusal that could have gone very badly. Russ was able to get me the best deal possible. He represented me at the DMV refusal hearing, and got it dropped entirely. No fees, loss of license or points! Additionally, in the criminal charges, he worked diligently for months and got that dropped to a violation. When I contacted Russ, I was looking at a very long term loss of my license and a permanent criminal record. But his knowledge of the law and hard work got me the best results imaginable. I would highly recommend him!

I had such a great experience with Arthur. I was impressed with how quickly he worked on my case and delivered a result that was beyond what I had expected. He responded to all my questions quickly and allayed my worries. I was lucky to have found him and I would definitely consult him again if any future issues arise.

These guys are great! I am a student in college that made the mistake of drinking and driving. Needless to say, that will never happen again but the entire experience was traumatic. These guys were able to dismiss my criminal charges and find the best possible outcome for my situation. I highly recommend them for their dedication, expertise and professionalism!

After previously hiring 2 law firms, I had almost lost hope of reaching an affordable settlement for a judgment when I came across the website of Mr. Lebedin. In my first conversation with him, Mr. Lebedin listened attentively and then gave a clear assessment of the case, where he explained several options. Because of his honesty, I hired his firm right away. His legal team updated me on their progress via email during several months of tough negotiations. Mr. Lebedin and his team identified stumbling blocks in the negotiations, which they resolved to get an acceptable settlement agreement. After the creditor received payment, Mr. Lebedin and his team followed through to make sure that the creditor and their counsel honored their part of the agreement. I cannot thank Mr. Lebedin and his staff enough for their commitment and persistence in resolving this case. The associate attorney on the case, Ms. Miranda, was outstanding. I highly recommend Mr. Lebedin and the law firm of Lebedin Kofman LLP.

I was charged with a DWI last year. I definitely did not know what to do. Until I did my research and found out about this law firm. Amazing lawyers who worked hard on my case and got it dismissed!! I would recommend Lebedin Kofman to anyone looking for a DWI lawyer in NYC!

Let’s Talk

Your Defense Starts Now.

Address

26 Broadway, 3rd FL
New York, NY 10004

Call Us

646-663-4430