N.Y. Penal Law Section 263.20
Sexual performance by a child

  • affirmative defenses

1.

Under this article, it shall be an affirmative defense that the defendant in good faith reasonably believed the person appearing in the performance was, for purposes of section 263.11 or 263.16 of this article, sixteen years of age or over or, for purposes of section 263.05, 263.10 or 263.15 of this article, seventeen years of age or over.

2.

In any prosecution for any offense pursuant to this article, it is an affirmative defense that the person so charged was a librarian engaged in the normal course of his employment, a motion picture projectionist, stage employee or spotlight operator, cashier, doorman, usher, candy stand attendant, porter or in any other non-managerial or non-supervisory capacity in a motion picture theatre; provided he has no financial interest, other than his employment, which employment does not encompass compensation based upon any proportion of the gross receipts, in the promotion of a sexual performance for sale, rental or exhibition or in the promotion, presentation or direction of any sexual performance, or is in any way responsible for acquiring such material for sale, rental or exhibition.

Source: Section 263.20 — Sexual performance by a child; affirmative defenses, https://www.­nysenate.­gov/legislation/laws/PEN/263.­20 (updated Sep. 22, 2014; accessed Jul. 12, 2025).

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Verified:
Jul. 12, 2025

Last modified:
Sep. 22, 2014

§ 263.20. Sexual performance by a child's source at nysenate​.gov

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