New York Penal Law § 263.15 - Promoting a Sexual Performance by a Child
The possession, transfer, dissemination or sharing of child pornography is a serious criminal offense, a felony, under both New York State and Federal criminal Law. Promoting a Sexual Performance by a Child is a New York child pornography law that criminalizes the production of any content depicting a child under the age of 17 engaging in sexual conduct. Promoting a Sexual Performance by a Child is a class D felony.The Elements of Promoting a Sexual Performance by a Child
Every crime has certain elements that the prosecution must prove beyond a reasonable doubt before a judge or jury can convict a defendant of that offense. The elements of Promoting a Sexual Performance by a Child are:
- The defendant promoted a performance that depicted a minor under 17 engaging in sexual conduct, and
- The defendant did so knowing the character and content of the performance.
In this context, the term promoting involves the manufacture, sale, delivery, transfer, advertisement or publishing of the content. The fact that images are stored in the cache of a computer can serve as evidence that the images were viewed but is not sufficient to show that a defendant promoted the images absent evidence the defendant printed, saved or downloaded the images.
Sexual conduct includes depictions of actual sex acts as well as simulated acts, such as sexual intercourse, oral sex, masturbation, or the lewd exhibition of genitals.Examples of Promoting a Sexual Performance by a Child
Promoting a Sexual Performance by a Child is essentially a law prohibiting the creation and distribution of child pornography. However, under the statutory definition of “promoting,” a defendant can run afoul of the law if they send pornographic material, even if they had no role in creating it. Thus, directing a film depicting a minor engaging in sex falls within the terms of the statute, as does forwarding a digital copy of the video to another person or sharing it electronically.Related Offenses
Often, prosecutors bring Promoting a Sexual Performance by a Child charges along with one or more of the following:
- Facilitating a Sexual Performance by Alcohol – NY Penal Law § 263.30(1)(b)
- Facilitating a Sexual Performance by Controlled Substance – NY Penal Law § 263.30(1)(a)
- Possessing a Sexual Performance by a Child – NY Penal Law § 263.16
- Promoting an Obscene Sexual Performance of a Child – NY Penal Law § 263.10
- Use of a Child in a Sexual Performance – NY Penal Law § 263.05
Prosecutors may bring additional charges, depending on the circumstances of a defendant’s arrest.What Are the Defenses to Promoting a Sexual Performance by a Child?
The defenses to Promoting a Sexual Performance by a Child include:
- Law enforcement’s seizure of the content violated the defendant’s constitutional rights;
- A lack of knowledge that the content involved a minor under 17;
- A lack of evidence related to whether the defendant “promoted” the content;
- Evidentiary challenges.
Promoting a Sexual Performance by a Child is a class D felony. In New York, class D felonies are punishable by up to seven years in prison and a fine of up to $5,000 or double the amount of the defendant’s financial gain,Speak with an Experienced New York Criminal Defense Attorney About Promoting a Sexual Performance by a Child Charges Today
If you have recently been arrested and charged with Promoting a Sexual Performance by a Child, it is imperative that you immediately seek the assistance of a New York sex crimes defense lawyer. At Tilem & Associates, P.C., our team of attorneys has more than 25 years of hands-on experience litigating these complex and high-stakes cases. We understand what’s on the line and will do everything possible to ensure the best result possible. We are immediately available to meet with you to get started working on a compelling defense to the charges you face. To learn more, and to schedule a free consultation today, call 877-377-8666. You can also reach us through our online contact form.