Possessing an obscene sexual performance by a child · as in force on May 31, 2026
§ 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.
Knowingly possessing, controlling, or accessing with intent to view an obscene performance that the person knows includes sexual conduct by a child under 16 is possessing an obscene sexual performance by a child. Digitally created or altered performances under § 245.15 are included, and the offense is a class E felony. ★
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.