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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.

N.Y. Penal Law § 263.25Primary source, current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
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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This reference is informational and is not legal advice.