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 § 263.15 (2026)

Promoting a sexual performance by a child

✓ current as of May 2026
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§ 263.15 Promoting a sexual performance by a child.
  A person is guilty of promoting a sexual performance by a child when,
knowing the character and content thereof, such person produces, directs
or promotes any 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 a sexual performance by a child is a class D felony.
Notes of Decisions
Cited in 68 cases (15 in the last 5 years), 1979–2026 · leading case: People v. Kent, 970 N.E.2d 833 (NY 2012).
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People v. Kent, 970 N.E.2d 833 (NY 2012). · cites it 8× “The question presented for our review is whether the evidence proffered at defendant’s trial was legally sufficient to support his convictions for promoting a sexual performance by a child (Penal Law § 263.15) and possessing a sexual performance by a child (Penal Law § 263.”
People v. Foley, 731 N.E.2d 123 (NY 2000). · cites it 7× “10), three counts of promoting a sexual performance by a child (Penal Law § 263.15), three counts of obscenity in the third degree (Penal Law § 235.”
People v. Keyes, 552 N.E.2d 617 (NY 1990). · cites it 11× “The primary question presented on this appeal is whether the procurement of child pornography for personal use falls within the ambit of Penal Law § 263.15, which criminalizes the promotion of a sexual performance by a child.”
People v. Kent, 79 A.D.3d 52 (N.Y. App. Div. 2010). · cites it 8× “Kent, a professor of public administration at a Dutchess County College (hereinafter the college), was indicted for two counts of promoting a sexual performance by a child (Penal Law § 263.15) and 141 counts of possessing a sexual performance by a child (Penal Law § 263.”
Figueroa v. Mazza, 825 F.3d 89 (2d Cir. 2016). “Under New York law in effect at the time of the arrest, a person would commit the offense of “promoting a sexual performance by a child” if, “knowing the character and content thereof, he produces, directs or promotes any performance which includes sexual conduct by a child less…”
People v. Keebler, 15 A.D.3d 724 (N.Y. App. Div. 2005). · cites it 3× “, Penal Law § 263.15, premised upon the claim that there is no proof that the children were real as opposed to computer generated, is unpreserved, as it was not raised before he pleaded guilty or was sentenced (see People v Mower, 97 NY2d 239, 245-246 [2002]; People v Beaumont,…”
People v. Geever, 522 N.E.2d 1200 (Ill. 1988). · cites it 2× “" ( N.Y. Penal Law § 263.15 (McKinney 1980).) The defendant was found guilty on the two counts under section 263.”
People v. Keyes, 141 A.D.2d 227 (N.Y. App. Div. 1988). · cites it 6× “In August 1986, pursuant to a search warrant, this material was seized at defendant’s premises and he was thereafter indicted in a five-count indictment, charged with violating Penal Law § 263.15, which is entitled "Promoting a sexual performance by a child”.”
Foster v. Commonwealth, 369 S.E.2d 688 (Va. Ct. App. 1988). · cites it 2× “at 3359 (quoting N.Y. Penal Law § 263.15 (McKinney 1980)).”
People v. Fraser, 752 N.E.2d 244 (NY 2001). · cites it 2× “In New York v Ferber ( 458 US 747 ), which upheld Penal Law § 263.15 (“Promoting a sexual performance by a child”), the Supreme Court concluded that child pornography is not protected by the First Amendment, explaining that when “a definable class of material, such as that…”
People v. Foley, 257 A.D.2d 243 (N.Y. App. Div. 1999). · cites it 3× “Defendant appeals from a judgment convicting him following a jury trial of two counts each of promoting a sexual performance by a child (Penal Law § 263.15) and attempted disseminating indecent material to minors in the first degree (Penal Law §§ 110.”
In re Nadel, 188 Misc. 2d 427 (N.Y. Sup. Ct. 2001). · cites it 2× “On August 15, 2000, the Board informed respondent and the clerk of this court that it had determined that respondent would be required to register because the Federal statute to which respondent pleaded guilty contains the essential elements of two New York crimes: promoting a…”
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