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 § 263.10 (2026)

Promoting an obscene sexual performance by a child

✓ current as of May 2026
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§ 263.10 Promoting an obscene sexual performance by a child.
  A person is guilty of promoting an obscene sexual performance by a
child when, knowing the character and content thereof, such person
produces, directs or promotes any obscene performance which includes
sexual conduct by a child less than seventeen years of age, including a
performance created or altered by digitization as defined in section
245.15 of this part.
  Promoting an obscene sexual performance by a child is a class D
felony.
Notes of Decisions
Cited in 18 cases, 1979–2020 · leading case: United States v. Brown, 843 F.3d 74 (2d Cir. 2016).
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United States v. Brown, 843 F.3d 74 (2d Cir. 2016). · cites it 2× “See N.Y. Penal Law § 263.10 (providing that the crime is a class D felony), id.”
People v. Barrows, 177 Misc. 2d 712 (N.Y. Sup. Ct. 1998). · cites it 6× “Defendant James Barrows was convicted following a lengthy jury trial of one count of promoting an obscene sexual performance by a child in violation of Penal Law § 263.10 and two counts of attempted disseminating indecent material to minors in the first degree in violation of…”
United States v. Muzio, 966 F.3d 61 (2d Cir. 2020). “” See N.Y. Penal Law § 263.10 . That crime is a class D 8 felony, which is punishable by a maximum of seven years’ imprisonment.”
In re Nadel, 188 Misc. 2d 427 (N.Y. Sup. Ct. 2001). · cites it 2× “15) and promoting an obscene sexual performance by a child (Penal Law § 263.10). The Board’s submission to this court included a case summary which indicated that the Board’s conclusion that respondent must register was based upon a review of the respondent’s file, including a…”
People v. Foley, 731 N.E.2d 123 (NY 2000). “Defendant was indicted on three counts of promoting an obscene sexual performance by a child (Penal Law § 263.10), three counts of promoting a sexual performance by a child (Penal Law § 263.”
People v. Waldron, 847 N.E.2d 367 (NY 2006). “05), promoting an obscene sexual performance by a child (Penal Law § 263.10) and possessing an obscene sexual performance by a child (Penal Law § 263.”
People v. Keyes, 552 N.E.2d 617 (NY 1990). “05), the promotion of an obscene sexual performance by a child (Penal Law § 263.10), and the promotion of a sexual performance by a child (Penal Law § 263.”
United States v. Reedy, 632 F. Supp. 1415 (W.D. Okla. 1986). “Ferber was indicted on two counts of violating N.Y. Penal Law § 263.10 , which prohibits dissemination of obscene material, and two counts of violating N.”
People v. Foley, 257 A.D.2d 243 (N.Y. App. Div. 1999). “22) and one count of promoting an obscene sexual performance by a child (Penal Law § 263.10). He then moved, pursuant to CPL 330.”
People v. Foley, 258 A.D.2d 243 (N.Y. App. Div. 1999). “22) and one count of promoting an obscene sexual performance by a child (Penal Law § 263.10). He then moved, pursuant to CPL 330.”
People v. Barrows, 273 A.D.2d 246 (N.Y. App. Div. 2000). “Contrary to the defendant’s contention, Penal Law § 263.10, as applied in this case, does not violate the Commerce Clause of the United States Constitution (US Const, art I, § 8, cl [3]).”
People v. Barrows, 273 A.D.2d 246 (N.Y. App. Div. 2000). · cites it 2× “After a jury trial, the defendant was convicted of one count of promoting an obscene sexual performance by a child (see, Penal Law § 263.10) and two counts of attempted disseminating indecent material to minors in the first degree (see, Penal Law § 235.”
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