Penal Law § 263.16
Possessing a Sexual Performance by a Child

Published: 2025-05-23

* § 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, he knowingly has in his 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.

Possessing a sexual performance by a child is a class E felony.

* NB Effective until July 8, 2025 * § 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.

* NB Effective July 8, 2025