N.Y. Penal Law Section 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.

Source: Section 263.25 — Proof of age of child, https://www.­nysenate.­gov/legislation/laws/PEN/263.­25 (updated Sep. 22, 2014; accessed Nov. 29, 2025).

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Nov. 29, 2025

Last modified:
Sep. 22, 2014

§ 263.25. Proof of age of child's source at nysenate​.gov

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