Use of a Child in a Sexual Performance – NYPL § 263.05

Use of a Child in a Sexual Performance - NYPL § 263.05

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New York Penal Law § 263.05 – Use of a Child in a Sexual Performance addresses the use of a child in a sexual performance. This is a critical statute designed to protect minors from exploitation in sexually explicit acts. This law makes it a serious felony to involve a child under the age of seventeen in a sexual performance, emphasizing the state’s commitment to safeguarding children from such harm.

Given the gravity of the charges and the detailed nature of the law, it is crucial for anyone facing accusations under this statute to understand the legal nuances thoroughly. Our top-rated New York sex crimes lawyers at Lebedin Kofman LLP can provide valuable guidance and defense.

If you or someone you know is facing charges under New York Penal Law § 263.05, do not hesitate to seek professional legal help. Contact Lebedin Kofman LLP to discuss your case and learn how we can assist you in this challenging time.

Hypothetical Example

Jackson, a director of small independent films, convinces a sixteen-year-old actor to participate in a scene with simulated sexual conduct, depicting oral sex with another actor. He assures the actor that the scene is crucial for the artistic message of the film. Jackson then films the scene, intending to include it in a movie that will be distributed on various online platforms. Jackson can be charged under New York Penal Law § 263.05 as he has directed and promoted a sexual performance involving a minor.

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Elements of the Offense

To secure a conviction under N.Y. Penal Law § 263.05, the prosecution must establish the following elements:

Knowledge of the Performance’s Character and Content: The defendant was aware of the nature of the performance, specifically that it involved sexual conduct.
Employment, Authorization, or Inducement of a Minor: The defendant employed, authorized, or induced a child under 17 years of age to participate in the sexual performance.

Alternatively, if the defendant was the parent, legal guardian, or custodian of the child, and they consented to the child’s participation in the sexual performance, they may be charged under the statute.

Definitions:

Sexual Performance: Any performance or part thereof that includes sexual conduct by a child under 17 years of age.
Sexual Conduct: Includes actual or simulated sexual intercourse, oral sexual conduct, anal sexual conduct, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals.
Performance: Encompasses any play, motion picture, photograph, dance, or other visual representation exhibited before an audience.

Legal Defenses

In legal proceedings under New York Penal Law § 263.05, defendants have a few defenses they might consider. One common defense is asserting a good faith belief regarding the age of the child involved. This means that the defendant believed that the person participating in the performance was at least 17 years old. The success of this defense hinges on whether this belief was reasonable under the circumstances, rather than the actual age of the participant.

Another defense relates to the professional responsibilities of the defendant. If a person comes across child pornography as a part of their job duties and this exposure is incidental, they may argue that they should not be charged with possession. This defense applies when the nature of the individual’s work could reasonably expose them to such illegal materials, and their encounter with the material was strictly within professional boundaries. This defense aims to protect professionals who might inadvertently come into contact with illegal content during the course of their work.

Penalties

Use of a child in a sexual performance is classified as a Class C felony in New York. Penalties for a Class C felony may include:

Imprisonment: Up to 15 years in state prison.
Fines: Substantial fines, potentially up to $5,000.
Probation: Post-release supervision or probation periods.
Sex Offender Registration: Mandatory registration as a sex offender, leading to long-term monitoring and restrictions.

Given the severity of these penalties, individuals facing such charges should seek immediate legal counsel to navigate the complexities of the legal system effectively.

Penalty	Details	Key Considerations
Imprisonment	Up to 15 years in state prison.	Length of sentence may depend on the severity of the offense and prior criminal record.
Fines	Substantial fines, potentially up to $5,000.	Fines are in addition to imprisonment and other penalties.
Probation	Post-release supervision or probation periods may be imposed.	Violating probation terms can lead to additional legal consequences.
Sex Offender Registration	Mandatory registration as a sex offender with monitoring and restrictions.	Registration can impact housing, employment, and social relationships.

New York Penal Law § 263.05: Use of a Child in a Sexual Performance

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 of such a child in a sexual performance.

The use of a child in a sexual performance is a class C felony.

Protect Your Rights and Your Future With Lebedin Kofman LLP

Understanding the details of New York Penal Law § 263.05 and effectively responding to charges of using a child in a sexual performance requires a thorough legal approach. The attorneys at Lebedin Kofman LLP have the experience needed to address such serious allegations and work diligently to defend your rights. Facing such charges can be overwhelming, but with the right legal support, you can address each aspect of your case with confidence.

If you’re dealing with accusations under this statute, taking prompt and informed legal action is crucial. Contact Lebedin Kofman LLP today to discuss your situation and explore your legal options. Their team is ready to provide the guidance and advocacy necessary to help you through this challenging time.

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