{"jurisdiction": "us-ny", "code": "penal", "section": "263.25", "citation": "Penal Law § 263.25", "heading": "Proof of age of child", "text": ["§ 263.25 Proof of age of child.", "Whenever it becomes necessary for the purposes of this article to determine whether a child who participated in a sexual performance was under an age specified in this article, the court or jury may make such determination by any of the following: personal inspection of the child; inspection of a photograph or motion picture which constituted the sexual performance; oral testimony by a witness to the sexual performance as to the age of the child based upon the child's appearance; expert medical testimony based upon the appearance of the child in the sexual performance; and any other method authorized by any applicable provision of law or by the rules of evidence at common law."], "official_source": "https://www.nysenate.gov/legislation/laws/PEN/263.25", "from_official_api": true, "plain_english": "When the age of a child in a sexual performance matters under this article, **the court or jury may determine age** by personally viewing the child; viewing the photograph or motion picture; hearing a witness estimate age from appearance; receiving expert medical testimony based on appearance; or using any other method allowed by law or evidence rules. ★", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/263.25", "publisher": "Elyphived LLC"}