NY Penal Law § 263.10: Promoting an obscene sexual performance by a child

Among the many offenses in the New York criminal code related to making children the victims of sex crimes are several offenses related to child pornography. The New York criminal code refers to pornography as a "sexual performance." There are several offenses related to the use of children in sexual performances, including promoting an obscene sexual performance by a child. Under New York Penal Law § 263.10, you could be charged with promoting an obscene sexual performance by a child if you produce, direct or promote any obscene performance which includes sexual conduct by a child who is less than 17 years old. Under New York Penal Law § 235.10(1) an obscene sexual performance is defined as one that:

1. the average person would find that its predominant appeal is to the prurient interest in sex,
2. it depicts in a patently offensive manner, actual or simulated: sexual intercourse, criminal sexual act, sexual bestiality, masturbation, sadism, masochism, excretion or lewd exhibition of the genitals, and
3. considered as a whole, it lacks serious literary, artistic, political, and scientific value.

Law enforcement traced downloaded images of child pornography to an IP address owned by Stephen Henson. After executing a search warrant the police found over 300 photographs of Henson's penis in the mouth of a child who appeared to be less than 12 years old, as well as other explicit images of Henson with the same child. The child lived in a group home where Henson worked. Henson was charged with promoting an obscene sexual performance by a child as well as several other sex crimes.

1. Use of a child in a sexual performance: New York Penal Law § 263.05
2. Possessing an obscene sexual performance by a child: New York Penal Law § 263.11
3. Promoting a sexual performance by a child: New York Penal Law § 263.15
4. Possessing a sexual performance by a child: New York Penal Law § 263.16

If your job incidentally requires you to come in contact with child pornography, you cannot be charged with child pornography based on that contact. Examples of jobs that might cause you to incidentally come in contact with child pornography include librarian, a motion picture projectionist, stage employee, usher, candy stand attendant, or other non-managerial or non-supervisory theatre job.

Promoting an obscene 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, you will be required to register as a sex offender under the New York Sex Offender Registration Act.

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

Because of the consequences of being convicted of promoting an obscene 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.