N.Y. Penal Law § 263.00: Definitions

§ 263.00 Definitions.

As used in this article the following definitions shall apply:

1. "Sexual performance" means any performance or part thereof which,

for purposes of section 263.16 of this article, includes sexual conduct

by a child less than sixteen years of age or, for purposes of section

263.05 or 263.15 of this article, includes sexual conduct by a child

less than seventeen years of age.

2. "Obscene sexual performance" means any performance which, for

purposes of section 263.11 of this article, includes sexual conduct by a

child less than sixteen years of age or, for purposes of section 263.10

of this article, includes sexual conduct by a child less than seventeen

years of age, in any material which is obscene, as such term is defined

in section 235.00 of this chapter.

3. "Sexual conduct" means actual or simulated vaginal sexual contact,

oral sexual contact, anal sexual contact, sexual bestiality,

masturbation, sado-masochistic abuse, or lewd exhibition of the

genitals.

4. "Performance" means any play, motion picture, photograph or dance.

Performance also means any other visual representation exhibited before

an audience.

5. "Promote" means to procure, manufacture, issue, sell, give,

provide, lend, mail, deliver, transfer, transmute, publish, distribute,

circulate, disseminate, present, exhibit or advertise, or to offer or

agree to do the same.

6. "Simulated" means the explicit depiction of any of the conduct set

forth in subdivision three of this section which creates the appearance

of such conduct and which exhibits any uncovered portion of the breasts,

genitals or buttocks.

7. "Oral sexual conduct" and "anal sexual conduct" mean the conduct

defined by subdivision two of section 130.00 of this chapter.

8. "Sado-masochistic abuse" means the conduct defined in subdivision

five of section 235.20 of this chapter.

9. For purposes of sections 263.10, 263.11, 263.15 and 263.16 of this

article, the terms "possession," "control" and "promotion" shall not

include conduct by an attorney when the performance was provided to such

attorney in relation to the representation of a person under

investigation or charged under this chapter or as a respondent pursuant

to the family court act, and is limited in use for the purpose of

representation for the period of such representation.