NY Penal Law § 263.15: Promoting a sexual performance by a child

There are several offenses in the New York criminal code related to child pornography. Some offenses are related to creating child pornography, while other offenses are related to possessing child pornography. Under New York Penal Law § 263.15, you could be prosecuted for promoting a sexual performance by a child if you produce, direct or promote a performance which includes sexual conduct by a child who is less than 17 years old. The term "performance" has a very broad definition, encompassing a play, movie, photography, dance, or any other visual representation exhibited before an audience. The sexual conduct involved can be actual sexual activity. However, simulated sexual activity is prohibited as well. Sexual conduct refers to sexual intercourse, oral or anal sexual contact, masturbation, bestiality, sado-masochistic behavior, or lewd exhibition of genitals.

After a police officer downloaded a picture and several videos of sexual conduct involving children from Harold Petke's computer over an online network, the police seized his computer. Upon a review of Petke's computer the police found several additional, similar images. Based on this evidence Petke was convicted of several crimes including promoting a sexual performance by a child. People v. Petke, 2015 NY Slip Op 1489 (N.Y. App. Div., 2015)

1. Use of a child in a sexual performance: New York Penal Law § 263.05
2. Promoting an obscene sexual performance by a child: New York Penal Law § 263.10
3. Possessing an obscene sexual performance by a child: New York Penal Law § 263.11
4. Possessing a sexual performance by a child: New York Penal Law § 263.16

A defense to a charge of promoting a sexual performance by a child is that the person in fact was over the age of 17, or that you reasonably believed that the person was over the age of 17.

Promoting a sexual performance by a child is a class D felony. If you are convicted your sentence may include up to 7 years in prison, a probation term of 10 years, and a substantial fine. In addition, possessing a sexual performance by a child is classified as a "registrable" offense under the New York Sex Offender Registration Act. This means that if you are convicted you will be placed on the sex offender registration list for at least 20 years.

A person is guilty of promoting a sexual performance by a child when, knowing the character and content thereof, he produces, directs or promotes any performance which includes sexual conduct by a child less than seventeen years of age.

Because of the consequences of being convicted of promoting a sexual performance by a child, it is critical that you have experienced representation. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with child pornography as well as sexual assault, child endangerment, harassment, menacing, and reckless endangerment. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of larceny in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.