New York statute
N.Y. Penal Law § 263.16 — Possessing a sexual performance by a child
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 263: Sexual Performance By a Child, New York Penal Law.
Criminal charges under this statute
Full text of N.Y. Penal Law § 263.16
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
263.16 Possessing a sexual performance by a child.
A person is guilty of possessing a sexual performance by a child when,
knowing the character and content thereof, such person knowingly has in
such person's possession or control, or knowingly accesses with intent
to view, any performance which includes sexual conduct by a child less
than sixteen years of age, including a performance created or altered by
digitization as defined in section 245.15 of this part.
Possessing a sexual performance by a child is a class E felony.
Official sources
Legal terms used in this section
Questions this section answers
What class of felony is possessing a sexual performance by a child in New York?
Possessing a sexual performance by a child is a Class E Felony in New York under N.Y. Penal Law § 263.16.
Which New York statute covers possessing a sexual performance by a child?
Possessing a sexual performance by a child is governed by N.Y. Penal Law § 263.16 (Possessing a sexual performance by a child).
This reference is informational and is not legal advice.