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 § 263.11 (2026)

Possessing an obscene sexual performance by a child

✓ current as of May 2026
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§ 263.11 Possessing an obscene sexual performance by a child.
  A person is guilty of possessing an obscene sexual performance by a
child when, knowing the character and content thereof, such person
knowingly has in such person's possession or control, or knowingly
accesses with intent to view, any obscene performance which includes
sexual conduct by a child less than sixteen years of age, including a
performance created or altered by digitization as defined in section
245.15 of this part.
  Possessing an obscene sexual performance by a child is a class E
felony.
Notes of Decisions
Cited in 21 cases (3 in the last 5 years), 1999–2025 · leading case: Marsh v. People, 389 P.3d 100 (Colo. 2017).
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Marsh v. People, 389 P.3d 100 (Colo. 2017). “§ 2C:24-4(b)(5)(b) (West 2016) (“knowingly possesses, knowingly views, or knowingly has *113 under his control”); N.Y. Penal Law § 263.11 (McKinney 2016) (“knowingly has in his possession or control, or knowingly accesses with intent to view”); Ohio Rev.”
Commonwealth v. Davidson, 938 A.2d 198 (Pa. 2007). “§ 30-6A-3; N.Y. PENAL LAW § 263.11 , 263.16; N.C. GEN.”
The People v. Michael Diack, 26 N.E.3d 1151 (NY 2015). “L In 2001, defendant, a Nassau County resident, was convicted of the crime of possessing an obscene sexual performance by a child (Penal Law § 263.11). He served 22 months in prison and, upon his release from custody, was classified a level one sex of *678 fender under the Sex…”
People v. Waldron, 847 N.E.2d 367 (NY 2006). “10) and possessing an obscene sexual performance by a child (Penal Law § 263.11). On August 30, 2001, he was sentenced to 17 years for each count of sodomy, with sentences to run consecutively.”
People v. DeMarco, 60 A.D.3d 1107 (N.Y. App. Div. 2009). “Although defendant denied downloading child pornography onto the computer and maintained that many other individuals who had access to it could have done so, this presented a credibility issue for County Court to resolve.”
People v. Fraser, 264 A.D.2d 105 (N.Y. App. Div. 2000). · cites it 2× “*108 Defendant was indicted and charged with two counts of possessing an obscene sexual performance by a child (Penal Law § 263.11) and two counts of possessing a sexual performance by a child (Penal Law § 263.”
People v. Fraser, 752 N.E.2d 244 (NY 2001). “Defendant was also charged with violating Penal Law § 263.11, possessing an obscene sexual performance by a child, but prior to trial, the District Attorney moved to dismiss these charges and proceeded solely on the two counts of Penal Law § 263.”
People v. Stagles, 2023 NY Slip Op 06613 (N.Y. App. Div. 2023). “At the time, defendant was 19 years old and had never before been arrested.”
Taylor v. New York State Div. of State Police, 28 A.D.3d 978 (N.Y. App. Div. 2006). · cites it 2× “Petitioner, a State Trooper, was served with charges and spec *979 ifications alleging that on six occasions between April 1999 and July 1999, he purchased subscriptions to Web sites containing child pornography in violation of a state police regulation prohibiting state…”
People v. Shay, 130 A.D.3d 1499 (N.Y. App. Div. 2015). “Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of possessing an obscene sexual performance by a child (Penal Law § 263.11) and two counts of sexual abuse in the second degree (§ 130.”
People v. Diack, 41 Misc. 3d 36 (N.Y. App. Term. 2013). “Defendant was convicted in 2001 of possessing an obscene sexual performance (Penal Law § 263.11) and was subsequently classified as a level one sex offender under the Sex Offender Registration Act (SORA) (Correction Law art 6-C).”
People v. Hurd, 12 A.D.3d 1198 (N.Y. App. Div. 2004). “Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of possessing an obscene sexual performance by a child (Penal Law § 263.11). We reject defendant’s contention that the superior court information was jurisdictionally defective.”
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