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N.Y. Penal Law § 263.20

Sexual performance by a child; affirmative defenses

Applied in 1 court decision — leading case People v. Toussaint (2022)

Most recently applied in People v. Toussaint (March 2022)

2014-09-22

§ 263.20 Sexual performance by a child; affirmative defenses.\n 1. Under this article, it shall be an affirmative defense that the\ndefendant in good faith reasonably believed the person appearing in the\nperformance was, for purposes of section 263.11 or 263.16 of this\narticle, sixteen years of age or over or, for purposes of section\n263.05, 263.10 or 263.15 of this article, seventeen years of age or\nover.\n 2. In any prosecution for any offense pursuant to this article, it is\nan affirmative defense that the person so charged was a librarian\nengaged in the normal course of his employment, a motion picture\nprojectionist, stage employee or spotlight operator, cashier, doorman,\nusher, candy stand attendant, porter or in any other non-managerial or\nnon-supervisory capacity in a motion picture theatre; provided he has no\nfinancial interest, other than his employment, which employment does not\nencompass compensation based upon any proportion of the gross receipts,\nin the promotion of a sexual performance for sale, rental or exhibition\nor in the promotion, presentation or direction of any sexual\nperformance, or is in any way responsible for acquiring such material\nfor sale, rental or exhibition.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.