New York criminal charge
Use of a child in a sexual performance in New York
Use of a child in a sexual performance is a Class C Felony under New York criminal law, defined by N.Y. Penal Law § 263.05. As a Class C Felony, it is punishable within the statutory sentencing range New York sets for that offense class. New York classifies offenses as felonies (classes A-I and A-II through E), misdemeanors (classes A and B, plus unclassified), violations, and traffic infractions — and a violation or traffic infraction is not a crime (N.Y. Penal Law § 10.00(6); N.Y. Vehicle & Traffic Law § 155). Felony sentences divide into indeterminate and determinate schemes depending on the offense (N.Y. Penal Law §§ 70.00, 70.02).
Defined by N.Y. Penal Law § 263.05.
What is the penalty for use of a child in a sexual performance in New York?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 15 years (authorized maximum for the class; non-violent felonies take an indeterminate term (minimum 1 year to one-third of the maximum, PEN 70.00(3)(b)); violent felony offenses enumerated in PEN 70.02 take a determinate term of 3½–15 years plus post-release supervision (PEN 70.45); predicate-felon ranges differ (PEN 70.06)) | discretionary | N.Y. Penal Law § 70.00 |
| Fine | up to $5,000 (or up to double the defendant's gain from the crime (PEN 80.00(1)); does not apply to corporations (PEN 80.00(4), 80.10)) | discretionary | N.Y. Penal Law § 70.00 |
Applies to current.
Common questions about use of a child in a sexual performance in New York
What class of felony is use of a child in a sexual performance in New York?
Use of a child in a sexual performance is a Class C Felony in New York under N.Y. Penal Law § 263.05.
What are the penalties for use of a child in a sexual performance in New York?
As a Class C Felony, use of a child in a sexual performance carries up to 15 years (the maximum authorized for the class) of incarceration and a fine of up to $5,000 (the maximum authorized for the class) under N.Y. Penal Law § 70.00 (current).
Which New York statute covers use of a child in a sexual performance?
Use of a child in a sexual performance is governed by N.Y. Penal Law § 263.05 (Use of a child in a sexual performance).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.