New York statute
N.Y. Penal Law § 263.25 — Proof of age of 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.
Full text of N.Y. Penal Law § 263.25
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.
263.25 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.
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