N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents / ARTICLE Sexual Performance By a Child
New York Consolidated Laws

N.Y. Penal Law § 263.05 (2026)

Use of a child in a sexual performance

✓ current as of May 2026
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§ 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 by such child in a sexual
performance.
  Use of a child in a sexual performance is a class C felony.
Notes of Decisions
Cited in 39 cases (7 in the last 5 years), 1986–2025 · leading case: Doe v. Wilhelmina Models, Inc., 2024 NY Slip Op 00969 (N.Y. App. Div. 2024).
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Doe v. Wilhelmina Models, Inc., 2024 NY Slip Op 00969 (N.Y. App. Div. 2024). · cites it 21× “25] committed against a child less than eighteen years of age, or the use of a child in a sexual performance as defined in [Penal Law § 263.05], or a predecessor statute that prohibited such conduct at the time of the act, which conduct was committed against a child less than…”
C. Roe v. Barad, 230 A.D.2d 839 (N.Y. App. Div. 1996). · cites it 3× “In 1995 the defendant was convicted of the use of a child in a sexual performance in violation of Penal Law § 263.05. In the course of his plea allocution he admitted to inducing the plaintiff, then 15 years old, to engage in a sexual performance which he videotaped.”
Doe v. Wilhelmina Models, Inc., 2024 NY Slip Op 00969 (N.Y. App. Div. 2024). · cites it 21× “25] committed against a child less than eighteen years of age, or the use of a child in a sexual performance as defined in [Penal Law § 263.05], or a predecessor statute that prohibited such conduct at the time of the act, which conduct was committed against a child less than…”
People v. Bimonte, 187 Misc. 2d 677 (N.Y. City Crim. Ct. 2001). · cites it 2× “(See People v McIntrye, 77 AD2d 810 [4th Dept 1980] [taking of Polaroid photographs of defendant’s 12-year-old niece in various degrees of undress and in various postures held to be a performance and thus punishable under Penal Law § 263.05]; Matter of Glenn G., 154 Misc 2d 677…”
In re Glenn G., 154 Misc. 2d 677 (N.Y.C. Fam. Ct. 1992). · cites it 3× “In addition, both respondents are charged with sexually abusing the children by having taken pornographic photographs of the children, a violation of Penal Law § 263.05, "Use of a child in a sexual performance.”
People v. Waldron, 847 N.E.2d 367 (NY 2006). “50 [3]), use of a child in a sexual performance (Penal Law § 263.05), promoting an obscene sexual performance by a child (Penal Law § 263.”
In re Sheena D., 863 N.E.2d 96 (NY 2007). “His wife, Jessica, also pleaded guilty to use of a child in a sexual performance (Penal Law § 263.05), admitting to taking photos of her sister involved in sexual activity.”
People v. Pinkoski, 300 A.D.2d 834 (N.Y. App. Div. 2002). “The indictment charges defendant with five counts of using a child in a sexual performance (see Penal Law § 263.05), five counts of promoting a sexual performance by a *835 child (see Penal Law § 263.”
People v. Oouch, 97 A.D.3d 904 (N.Y. App. Div. 2012). “There is no dispute that the crime of use of a child in a sexual performance is considered “aggravated” so as to require mandatory deportation (see 8 USC §§ 1101 [a] [43] [A]; 1227 [a] [2] [A] [in]; 18 USC § 3509 [a] [8]; Penal Law § 263.05). If defense counsel was aware of…”
People v. Keyes, 552 N.E.2d 617 (NY 1990). “II In an effort to eradicate child pornography and thereby combat the sexual exploitation of children, the Legislature enacted Penal Law article 263 which makes criminal the use of a child in a sexual performance (Penal Law § 263.05), the promotion of an obscene sexual…”
Northrup v. Relin, 197 A.D.2d 228 (N.Y. App. Div. 1994). · cites it 3× “65) and four counts of use of a child in a sexual performance (Penal Law § 263.05). The indictment was based upon petitioner’s sexual conduct with his children in July and August 1990.”
Matter of Destiny C., 127 A.D.3d 1510 (N.Y. App. Div. 2015). “Although the reports would support a finding that the mother used each of the elder children in a sexual performance (see Penal Law § 263.05), that felony sex offense is not a predicate for a finding of severe abuse (see Social Services Law § 384-b [8] [a] [ii]; see generally…”
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