N.Y. Arts and Cultural Affairs Law § 35.01: Child performers

§ 35.01. Child performers. 1. It shall be unlawful, except as

otherwise provided by section one hundred fifty-one of the labor law, to

employ, or to exhibit or cause to be exhibited, or to use, or have

custody of, for the purpose of exhibition, use or employment, any child

under the age of sixteen years, or for one who has the care, custody or

control of such child as a parent, relative, guardian, employer or

otherwise, to exhibit, use or to procure or consent to the use or

exhibition of such child, or to neglect or to refuse to restrain such

child from engaging or acting in a public or private place, except as

hereinafter provided, whether or not an admission fee is charged and

whether or not such child or any other person is to be compensated for

the use of such child therein, in the following activities:

(a) In singing; or dancing; or modeling; or playing upon a musical

instrument; or acting, or in rehearsing for, or performing in a

theatrical performance or appearing in a pageant; or as a subject for

use, in or for, or in connection with the making of a motion picture

film; or

(b) In rehearsing for or performing in a radio or television broadcast

or program.

2. The provisions of subdivision one of this section shall not apply

to the participation or employment, use or exhibition of any child in a

church, academy or school, including a dancing or dramatic school, as

part of the regular services or activities thereof respectively; or in

the annual graduation exercises of any such academy or school; or in a

private home; or in any place where such performance is under the

direction, control or supervision of a department of education; or in

the performance of radio or television programs in cases where the child

or children broadcasting do so from a school, church, academy, museum,

library or other religious, civic or educational institution, or for not

more than two hours a week from the studios of a regularly licensed

broadcasting company, where the performance of the child or children is

of a nonprofessional character and occurs during hours when attendance

for instruction is not required in accordance with the education law.

3. A child performer permit shall be issued by the state department of

labor pursuant to section one hundred fifty-one of the labor law.

4. The mayor or other chief executive officer of the city, town or

village where the exhibition, rehearsal or performance will take place

may solicit the assistance of the Society for the Prevention of Cruelty

to Children in New York city, and outside New York city, with the

Society for the Prevention of Cruelty to Children or other child

protective organization, if there be one and such other state and local

agencies as he or she may determine.

5. Violation of this section shall be a misdemeanor.