{"jurisdiction": "us-ny", "code": "penal", "section": "263.00", "citation": "Penal Law § 263.00", "heading": "Definitions", "text": ["§ 263.00 Definitions.", "As used in this article the following definitions shall apply:", "1. \"Sexual performance\" means any performance or part thereof which, for purposes of section 263.16 of this article, includes sexual conduct by a child less than sixteen years of age or, for purposes of section 263.05 or 263.15 of this article, includes sexual conduct by a child less than seventeen years of age.", "2. \"Obscene sexual performance\" means any performance which, for purposes of section 263.11 of this article, includes sexual conduct by a child less than sixteen years of age or, for purposes of section 263.10 of this article, includes sexual conduct by a child less than seventeen years of age, in any material which is obscene, as such term is defined in section 235.00 of this chapter.", "3. \"Sexual conduct\" means actual or simulated vaginal sexual contact, oral sexual contact, anal sexual contact, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals.", "4. \"Performance\" means any play, motion picture, photograph or dance. Performance also means any other visual representation exhibited before an audience.", "5. \"Promote\" means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmute, publish, distribute, circulate, disseminate, present, exhibit or advertise, or to offer or agree to do the same.", "6. \"Simulated\" means the explicit depiction of any of the conduct set forth in subdivision three of this section which creates the appearance of such conduct and which exhibits any uncovered portion of the breasts, genitals or buttocks.", "7. \"Oral sexual conduct\" and \"anal sexual conduct\" mean the conduct defined by subdivision two of section 130.00 of this chapter.", "8. \"Sado-masochistic abuse\" means the conduct defined in subdivision five of section 235.20 of this chapter.", "9. For purposes of sections 263.10, 263.11, 263.15 and 263.16 of this article, the terms \"possession,\" \"control\" and \"promotion\" shall not include conduct by an attorney when the performance was provided to such attorney in relation to the representation of a person under investigation or charged under this chapter or as a respondent pursuant to the family court act, and is limited in use for the purpose of representation for the period of such representation."], "official_source": "https://www.nysenate.gov/legislation/laws/PEN/263.00", "from_official_api": true, "plain_english": "For this article:\n- **(1)** A **sexual performance** includes sexual conduct by a child under **16** for **§ 263.16**, or under **17** for **§ 263.05 or § 263.15**.\n- **(2)** An **obscene sexual performance** is obscene material under **§ 235.00** containing such conduct by a child under **16** for **§ 263.11**, or under **17** for **§ 263.10**. ★\n- **(3)-(4)** **Sexual conduct** includes the listed actual or simulated sexual acts and lewd genital display; a **performance** is a play, movie, photograph, dance, or other visual representation shown to an audience.\n- **(5)-(8)** “Promote” broadly covers making, transferring, distributing, displaying, advertising, or offering the material; **simulated** conduct is an explicit depiction that creates the appearance of sexual conduct and shows **any uncovered portion of the breasts, genitals, or buttocks**; oral and anal sexual conduct are defined by **§ 130.00(2)**, and sadomasochistic abuse by **§ 235.20(5)**.\n- **(9)** For **§§ 263.10, 263.11, 263.15, and 263.16**, possession, control, and promotion exclude an attorney’s limited use of a performance supplied for representing an investigated, charged, or Family Court respondent during that representation.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/263.00", "publisher": "Elyphived LLC"}