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 § 263.16 (2026)

Possessing a sexual performance by a child

✓ current as of May 2026
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§ 263.16 Possessing a sexual performance by a child.
  A person is guilty of possessing a 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 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 a sexual performance by a child is a class E felony.
Notes of Decisions
Cited in 124 cases (41 in the last 5 years), 1998–2026 · 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 7× “15) and possessing a sexual performance by a child (Penal Law § 263.16). We must consider, among other issues, the evidentiary significance of “cache files,” or temporary Internet files automatically created and stored on a defendant’s hard drive, and the defendant’s awareness…”
People v. Bimonte, 187 Misc. 2d 677 (N.Y. City Crim. Ct. 2001). · cites it 10× “Defendant has filed a motion for the above relief, relying principally on his argument that even if otherwise constitutional, Penal Law § 263.16 is unconstitutional as applied to the *679 facts at bar.”
People v. Kent, 79 A.D.3d 52 (N.Y. App. Div. 2010). · cites it 6× “15) and 141 counts of possessing a sexual performance by a child (Penal Law § 263.16). After a nonjury trial, the County Court found the defendant not guilty of seven of the possession counts and guilty of the remaining 134 possession counts and two promotion counts.”
Quito v. Barr, 948 F.3d 83 (2d Cir. 2020). · cites it 4× “Because we conclude that Quito’s conviction under N.Y. Penal Law § 263.16 is an aggravated felony, and his remaining arguments fail to raise a colorable constitutional claim or question of law, we deny the petition for review.”
People v. Fraser, 752 N.E.2d 244 (NY 2001). · cites it 5× “Defendant was charged with two counts of possessing a sexual performance by a child (Penal Law § 263.16). 1 Before trial the People made a motion to preclude an affirmative defense (based on scientific use) pursuant to Penal Law § 235.”
People v. Rudolph, 997 N.E.2d 457 (NY 2013). “trelease supervision periods were not properly imposed]; People v Kent, 19 NY3d 290 [2012] [holding that merely “accessing and displaying” images of child pornography did not *514 constitute knowing possession under the Penal Law, even where images were automatically embedded in…”
People v. Horner, 300 A.D.2d 841 (N.Y. App. Div. 2002). · cites it 3× “Defendant was indicted by a Chenango County grand jury on one count each of possessing a sexual performance by a child (Penal Law § 263.16) and attempted use of a child in a sexual performance (Penal Law §§ 110.”
Doe, SORB No. 523391 v. Sex Offender Registry Bd., 120 N.E.3d 1263 (Mass. App. Ct. 2019). “In February 2009, Doe pleaded guilty to one count of possessing a recording of a sexual performance by a child, see N.Y. Penal Law § 263.16 . On March 5, 2009, while awaiting sentencing, 3 Doe and a work friend decided to get drunk in the friend's apartment.”
People v. Gilmour, 177 Misc. 2d 250 (N.Y. Sup. Ct. 1998). · cites it 16× “65), 44 counts of possessing a sexual performance by a child (Penal Law § 263.16) and eight counts of possessing rifles or shotguns without certificates of registration (Administrative Code of City of NY § 10-304 [a]).”
Cornelio v. Connecticut, 32 F.4th 160 (2d Cir. 2022). “45 (1), and for ten counts of possessing a sexual 5 performance by a child, in violation of N.Y. Penal Law § 263.16 . The underlying conduct occurred in 2003.”
North v. Bd. of Examiners, 871 N.E.2d 1133 (NY 2007). “*750 The Board argues that petitioner’s federal possession of child pornography offense is comparable to the New York offense of possessing a sexual performance by a child (Penal Law § 263.16), a class E felony subject to registration under Correction Law § 168-a (2) (a) (i).”
People v. Carman, 2021 NY Slip Op 02834 (N.Y. App. Div. 2021). · cites it 2× “The defendant was convicted, upon his plea of guilty, of possessing a sexual performance by a child less than 16 years of age under Penal Law § 263.16, while on probation for another offense, and was sentenced to a definite term of one year of imprisonment.”
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