New York
New York Pornography Laws (2026): Legality and Penalties
Independently fact-checked against primary sources (last audited August 20, 2026). · 11 primary sources cited on this page. How we verify our legal content
Adults may legally view and possess pornography in New York, and the state's obscenity statute only reaches distribution with intent to promote, not private possession. New York has no age-verification law for adult websites; the leading bill has now been defeated in committee twice, in 2025 and again in 2026. Readers searching "New York age verification law" are often thinking of a different law entirely, the SAFE for Kids Act, which regulates social media feeds rather than pornography.
Is Pornography Legal in New York?
Yes, for adults. New York's obscenity statute, N.Y. Penal Law 235.05 (Obscenity in the third degree), criminalizes knowingly promoting or possessing obscene material with intent to promote it, or producing, presenting, or directing an obscene performance. Because the possession prong requires intent to promote, or in other words to sell, distribute, or otherwise circulate, simple private possession of obscene material without that intent is not itself a crime under Article 235. That structure lines up with the constitutional floor set by Stanley v. Georgia, 394 U.S. 557 (1969), where the U.S. Supreme Court held that private possession of obscene material in the home cannot be criminalized. A third-degree obscenity conviction is a class A misdemeanor. Article 235 also includes 235.06 and 235.07, second- and first-degree obscenity, reserved for aggravating factors such as prior convictions or minors, which this page does not detail.
Does New York Require Age Verification for Adult Websites?
No, and this is one of the more actively litigated "no" answers among the states. New York's primary adult-content age-verification bill, Senate Bill S.3591, would require pornography websites to verify a visitor's age, carry penalties up to $50,000 per day for noncompliance, exempt news organizations, and allow a password-protected-account alternative with monthly re-verification. It has been defeated twice in the Senate Internet and Technology Committee: 3 to 4 on May 5, 2025, and again 2 to 4 (with one member voting aye with reservations) on May 21, 2026. A companion bill, Assembly Bill A.3946, was held for consideration in May 2025 and re-referred to committee in January 2026, without a floor vote in either chamber.
New York readers searching for "age verification law" are frequently thinking of a different statute: the SAFE for Kids Act, enacted in June 2024, with final regulations published July 29, 2026 and an effective date of January 25, 2027. That law addresses addictive, algorithmically-driven social media feeds and requires parental consent for minors, an entirely different legal question from verifying age to view pornography. Treat the two as separate laws rather than assuming SAFE for Kids covers adult content, and check S.3591's current status before relying on this page for anything time-sensitive. For the broader state-by-state picture, see our age verification laws hub.
Child Sexual Abuse Material (CSAM) Laws in New York
New York's Article 263 covers sexual performances by a child, all classified as felonies. The article uses two different age thresholds: the possession offenses (263.11 and 263.16) reach a child less than sixteen years of age, while the promoting and producing offenses (263.15 and 263.10) reach a child less than seventeen years of age.
- Promoting a sexual performance by a child under 17, meaning producing, directing, or promoting such a performance, is a class D felony under N.Y. Penal Law 263.15. The parallel offense for an obscene performance, promoting an obscene sexual performance by a child under 17, is also a class D felony, under N.Y. Penal Law 263.10.
- Possessing an obscene sexual performance by a child under 16, meaning knowingly possessing or accessing with intent to view such material, is a class E felony under N.Y. Penal Law 263.11.
- Possessing a sexual performance by a child under 16, whether or not legally "obscene," is a class E felony under N.Y. Penal Law 263.16. This section expressly reaches performances "created or altered by digitization," meaning AI-generated or digitally altered CSAM involving a real, identifiable child is prosecuted the same way as unaltered material, a genuinely current point given the rise of AI-deepfake CSAM cases nationwide.
A felony conviction under these sections requires registration under New York's Sex Offender Registration Act.
Harmful-to-Minors Dissemination
Separate from Article 263, N.Y. Penal Law 235.22 (Disseminating indecent material to minors in the first degree) makes it a class D felony to use a computer communication system to transmit sexual or nude material to a minor with intent to importune, invite, or induce the minor into sexual contact or a sexual performance. A lower tier, 235.21 (second degree), covers traditional non-computer dissemination methods, such as selling or loaning harmful material to a minor or admitting a minor to an exhibition of such material, and is a class E felony.
Sexting Among Minors
New York has its own framework for sexting involving minors, separate from the Article 263 penalties described above, which are written for adult offenders producing or trafficking CSAM. For the state's specific rules on minor-to-minor sexting, see our New York sexting laws page.
Nonconsensual Intimate Images and Deepfakes
New York's Unlawful Dissemination or Publication of an Intimate Image statute, N.Y. Penal Law 245.15, makes it a class A misdemeanor to intentionally disseminate or publish a still or video image depicting a person's exposed intimate parts or sexual conduct, with intent to cause emotional, financial, or physical harm, where the actor knew or should have known the depicted person did not consent. The statute explicitly covers digitally altered, or "deepfake," images where the person is identifiable, and it carries exceptions for law enforcement, legal proceedings, medical treatment, voluntary public exposure, and legitimate public purpose. For a full state-by-state breakdown of nonconsensual intimate image laws, including the federal takedown mechanism, see our Take It Down Act and revenge porn laws by state page.
Public Indecency
New York's public lewdness statute, N.Y. Penal Law 245.00, makes it a class B misdemeanor to intentionally expose private or intimate body parts in a lewd manner, or commit any other lewd act, in a public place, or on private premises where the person intends or knows they will be observed from a public place or another private space, or while trespassing in a dwelling where a lawful occupant observes the conduct.
Adult Business Licensing and Zoning
Unlike New Jersey's statewide sexually-oriented-business statute, New York has no single state law licensing or zoning adult businesses. Regulation happens at the municipal level, confirmed directly through the New York Department of State's own legal guidance on municipal regulation of adult uses. New York City's 1995 and 2001 Zoning Resolution amendments are the best-known example: adult establishments are barred from most commercial districts, and where permitted, must sit at least 500 feet from houses of worship, schools, and residential districts. Local ordinances regulating adult businesses generally must satisfy a four-part constitutional test: a secondary-effects purpose (not suppressing speech itself), narrow tailoring, reasonable alternative locations for the business to operate, and reasonable amortization periods for businesses that predate the ordinance.
Penalties at a Glance
| Offense | Statute | Classification |
|---|---|---|
| Obscenity, third degree | N.Y. Penal Law 235.05 | Class A misdemeanor |
| Disseminating indecent material to minors, first degree (computer) | N.Y. Penal Law 235.22 | Class D felony |
| Disseminating indecent material to minors, second degree | N.Y. Penal Law 235.21 | Class E felony |
| Public lewdness | N.Y. Penal Law 245.00 | Class B misdemeanor |
| Nonconsensual intimate-image dissemination (incl. deepfakes) | N.Y. Penal Law 245.15 | Class A misdemeanor |
| Promoting a sexual performance by a child (under 17) | N.Y. Penal Law 263.15 | Class D felony |
| Promoting an obscene sexual performance by a child (under 17) | N.Y. Penal Law 263.10 | Class D felony |
| Possessing an obscene sexual performance by a child (under 16) | N.Y. Penal Law 263.11 | Class E felony |
| Possessing a sexual performance by a child, under 16 (incl. AI/digitized) | N.Y. Penal Law 263.16 | Class E felony |
Practical Considerations
Federal law applies in New York regardless of state classification. Federal obscenity law, 18 U.S.C. 1466A, and the record-keeping requirements of 18 U.S.C. 2257 for commercial producers are federal, not New York statutes. The federal TAKE IT DOWN Act, effective May 2025, separately requires covered platforms to remove nonconsensual intimate images, including AI-generated forgeries, within 48 hours of a valid request, backed by FTC enforcement.
Legality under criminal law does not eliminate every practical risk. Viewing adult content on an employer-owned device or network can still violate a workplace policy and lead to discipline or termination even absent a crime, and a New York age-verification law remains a live possibility given S.3591's repeated but narrow committee defeats. This page is general legal information, not legal advice; consult an attorney for guidance specific to your situation.
More New York Laws
Frequently Asked Questions
Is it legal to watch porn in New York?
Yes. New York's obscenity statute, N.Y. Penal Law 235.05, only criminalizes promoting obscene material or possessing it with intent to promote, not simple private possession or viewing.
Does New York require age verification to access porn sites?
No. New York has no enacted age-verification law for adult websites. The lead bill, S.3591, has been defeated in committee twice, in May 2025 and May 2026, with no floor vote in either chamber.
Is the SAFE for Kids Act New York's age-verification law for porn sites?
No. The SAFE for Kids Act, effective January 25, 2027, regulates addictive social-media algorithmic feeds and requires parental consent for minors. It is a separate law from adult-content age verification, and the two are frequently and incorrectly conflated.
What is the penalty for child pornography in New York?
New York classifies sexual-performance-by-a-child offenses as felonies under Penal Law Article 263. Promoting such material, involving a child under 17, is a class D felony under Penal Law 263.15 and 263.10, and possessing it, involving a child under 16, is a class E felony under 263.11 and 263.16, whether the material is unaltered or AI-generated/digitally altered.
Is sharing someone's intimate photo without consent illegal in New York?
Yes. Under N.Y. Penal Law 245.15, intentionally disseminating an intimate image without consent, including a digitally altered or deepfake image, is a class A misdemeanor.
Does New York regulate where adult businesses can operate?
New York has no single statewide zoning statute for adult businesses. Regulation happens at the municipal level; New York City's zoning code, which bars adult establishments from most commercial districts, is the best-known local example.
Can I get in trouble for public indecency involving pornography in New York?
Possibly. New York's public lewdness statute, N.Y. Penal Law 245.00, is a class B misdemeanor that covers intentionally exposing intimate body parts or committing a lewd act where others can observe it.
Updates
Corrected the child-performance offenses: promoting a sexual performance by a child is a class D felony under Penal Law 263.15 and 263.10 and reaches a child under 17, while the possession offenses under 263.11 and 263.16 are class E felonies reaching a child under 16.
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
New York Penal Law
§ 235.05Obscenity in the third degreeIn force
Obscenity in the third degree. A person is guilty of obscenity in the third degree when, knowing its content and character, he: 1. Promotes, or possesses with intent to promote, any obscene material; or 2. Produces, presents or directs an obscene performance or participates in a portion thereof which is obscene or which contributes to its obscenity. Obscenity in the third degree is a class A misdemeanor.
Official text (excerpt) · last checked 2026-09-10 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 29 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- People v. P. J. Video, Inc. (New York Court of Appeals 1985, 65 N.Y. 566)“…multiple counts of promoting obscenity in the third degree (Penal Law § 235.05 [1]). Penal Law § 235.05 (1) provides t…”
- People v. Foley (New York Court of Appeals 2000, 94 N.Y.2d 668)“…w § 263.15), three counts of obscenity in the third degree (Penal Law § 235.05 [1]) and two counts of attempted dissem…”
- Penny Lane/East Hampton, Inc. v. County of Suffolk (Appellate Division of the Supreme Court of the State of New York 1993, 191 A.D.2d 19)“…phernalia, there is a total ban on obscene material (see, Penal Law §§ 235.05-235.07), as well as further ban on the…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 263.16Possessing a sexual performance by a childIn forcecited in 3 of our articles
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 text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 118 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- People v. Kent (New York Court of Appeals 2012, 19 N.Y.3d 290)“…exual conduct by a child less than sixteen years of age” in Penal Law § 263.16. II Although it is not necessary fo…”
- People v. Horner (Appellate Division of the Supreme Court of the State of New York 2002, 300 A.D.2d 841)“…e count each of possessing a sexual performance by a child (Penal Law § 263.16) and attempted use of a child in a sexu…”
- People v. Fraser (New York Court of Appeals 2001, 96 N.Y.2d 318)“…h two counts of possessing a sexual performance by a child (Penal Law § 263.16). 1 Before trial the Peopl…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New York Age of Consent Laws: Statutes and Reporting, New York Sexting Laws: Legal Consequences and Penalties
§ 263.11Possessing an obscene sexual performance by a childIn force
Possessing an obscene sexual performance by a child. A person is guilty of possessing an obscene 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 obscene 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 an obscene sexual performance by a child is a class E felony.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 21 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- The People v. Michael Diack (New York Court of Appeals 2015, 24 N.Y.3d 674)“…ime of possessing an obscene sexual performance by a child (Penal Law § 263.11). He served 22 months in prison and,…”
- People v. Waldron (New York Court of Appeals 2006, 6 N.Y.3d 463)“…0) and possessing an obscene sexual performance by a child (Penal Law § 263.11). On August 30, 2001, he was sentenced…”
- People v. DeMarco (Appellate Division of the Supreme Court of the State of New York 2009, 60 A.D.3d 1107)“…t to CPL 410.70, County Court found that defendant violated Penal Law § 263.11 by knowingly possessing pornographic ma…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 263.15Promoting a sexual performance by a childIn forcecited in 3 of our articles
Promoting a sexual performance by a child. A person is guilty of promoting a sexual performance by a child when, knowing the character and content thereof, such person produces, directs or promotes any performance which includes sexual conduct by a child less than seventeen years of age, including a performance created or altered by digitization as defined in section 245.15 of this part. Promoting a sexual performance by a child is a class D felony.
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 65 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):People v. Keyes (1990) held that "procure," in the definition of "promote," makes Penal Law 263.15 reach acquiring child pornography for personal use, not only distribution. People v. Kent (2012) held that merely viewing web images is not procurement and that cached files cannot support conviction absent proof the defendant knew of them.
Opinions citing this section in our collection:
- People v. Foley (New York Court of Appeals 2000, 94 N.Y.2d 668)✓Foley sent sexual images of minors to an investigator posing online as a 15-year-old girl; the New York Court of Appeals rejected his overbreadth challenge to Penal Law 263.15, noting the factfinder decides whether a child under 16 actually took part in the performance.
- People v. Kent (New York Court of Appeals 2012, 19 N.Y.3d 290)✓A professor's work computer held cached child pornography pages plus a downloaded, later deleted video; the New York Court of Appeals held merely viewing web images is not procurement under Penal Law 263.15, dismissed the cache-based count, and let the saved-video count stand.
- People v. Keebler (Appellate Division of the Supreme Court of the State of New York 2005, 15 A.D.3d 724)✓Keebler ran a home file server that advertised and traded child pornography and pleaded guilty to two promoting counts; the court held his overbreadth challenge to Penal Law 263.15 unpreserved and meritless anyway, and upheld consecutive sentences for two separate incidents.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 245.15Unlawful dissemination or publication of an intimate imageIn forcecited in 5 of our articles
Unlawful dissemination or publication of an intimate image. 1. A person is guilty of unlawful dissemination or publication of an intimate image when: (a) with intent to cause harm to the emotional, financial or physical welfare of another person, they intentionally disseminate or publish a still or video image depicting such other person with one or more intimate parts exposed or engaging in sexual conduct with another person, including an image created or altered by digitization, where such person may reasonably be identified from the still or video image itself or from information displayed in connection with the still or video image; and (b) the actor knew or reasonably should have known that the person depicted did not consent to such dissemination or publication, including the dissemination or publication of an image taken with the consent of the person depicted when such person had a reasonable expectation that the image would remain private, regardless of whether the actor was present when such image was taken. 2.
Official text (excerpt) · last checked 2026-08-30 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Matter of Samah DD. v. Mark VV. (Appellate Division of the Supreme Court of the State of New York 2025, 2025 NY Slip Op 01018)“…fter his conduct took place ( see L 2019, ch 109, § [*2]1; Penal Law § 245.15). [FN3] That argument misses the mar…”
- People v. Ramos (Tomas) (Appellate Terms of the Supreme Court of New York 2025, 2025 NY Slip Op 50634(U))“…l dissemination or publication of an intimate image (former Penal Law § 245.15 [1] [a] [i], [ii]), both in connection…”
- Marseet v. Rochester Institute of Technology (District Court, W.D. New York 2023)“…se the use of Sensitive Depictions is permitted by New York Penal Law Section 245.15(3) and because the Court’s July 8, 202…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New York Voyeurism and Hidden Camera Laws: Penalties and Protections, New York Deepfake Laws: AI Images, Voice Cloning & Penalties (2026), New York Recording Laws (2026): One-Party Consent Rules
§ 235.22Disseminating indecent material to minors in the first degreeIn forcecited in 3 of our articles
Disseminating indecent material to minors in the first degree. A person is guilty of disseminating indecent material to minors in the first degree when: 1. knowing the character and content of the communication which, in whole or in part, depicts or describes, either in words or images actual or simulated nudity, sexual conduct or sado-masochistic abuse, and which is harmful to minors, he intentionally uses any computer communication system allowing the input, output, examination or transfer, of computer data or computer programs from one computer to another, to initiate or engage in such communication with a person who is a minor; and 2. by means of such communication he importunes, invites or induces a minor to engage in vaginal sexual contact, oral sexual contact or anal sexual contact, or sexual contact with him, or to engage in a sexual performance, obscene sexual performance, or sexual conduct for his benefit. Disseminating indecent material to minors in the first degree is a class D felony.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 44 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- People v. Foley (New York Court of Appeals 2000, 94 N.Y.2d 668)“…al focuses on the constitu *674 tionality of Penal Law § 235.22, enacted to address the convergence of…”
- People v. Kozlow (New York Court of Appeals 2007, 8 N.Y.3d 554)“…d to dismiss the charges, arguing, among other things, that Penal Law § 235.22 applied only when a defendant’s communi…”
- People v. Barrows (New York Supreme Court 1998, 177 Misc. 2d 712)“…to induce sexual activity required under subdivision (2) of Penal Law § 235.22. Following the cyberchat and photo tr…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 235.21Disseminating indecent material to minors in the second degreeIn forcecited in 2 of our articles
Disseminating indecent material to minors in the second degree. A person is guilty of disseminating indecent material to minors in the second degree when: 1. With knowledge of its character and content, he sells or loans to a minor for monetary consideration: (a) Any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct or sado-masochistic abuse and which is harmful to minors; or (b) Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in paragraph (a) hereof, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sado-masochistic abuse and which, taken as a whole, is harmful to minors; or 2.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 25 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- People v. Foley (New York Court of Appeals 2000, 94 N.Y.2d 668)“…In American Libs., the court struck down Penal Law § 235.21 (3) as a violation of the Commerce Clau…”
- People v. Kozlow (New York Court of Appeals 2007, 8 N.Y.3d 554)“…alone when it was referring only to visual representations (Penal Law § 235.21 [1] [a] [“picture, photograph ... or si…”
- People v. Barrows (New York Supreme Court 1998, 177 Misc. 2d 712)“…Amendment issue pending the Reno decision, held New York Penal Law § 235.21 (3) to be unconstitutional in violation…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 245.00Public lewdnessIn force
Public lewdness. A person is guilty of public lewdness when he or she intentionally exposes the private or intimate parts of his or her body in a lewd manner or commits any other lewd act: (a) in a public place, or (b) (i) in private premises under circumstances in which he or she may readily be observed from either a public place or from other private premises, and with intent that he or she be so observed, or (ii) while trespassing, as defined in section 140.05 of this part, in a dwelling as defined in subdivision three of section 140.00 of this part, under circumstances in which he or she is observed by a lawful occupant. Public lewdness is a class B misdemeanor.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 73 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- People v. McNamara (New York Court of Appeals 1991, 78 N.Y.2d 626)“…rmations charging the crimes of lewdness in a public place (Penal Law § 245.00 [a]): "intentionally exposing] the priv…”
- People v. Gibble (Criminal Court of the City of New York 2003, 2 Misc. 3d 510)“…(Penal Law § 260.10 [1]) and one count of public lewdness (Penal Law § 245.00), moves to dismiss those charges pursua…”
- In re Paul R. (Appellate Division of the Supreme Court of the State of New York 1987, 131 A.D.2d 764)“…stituted the crime of public lewdness within the meaning of Penal Law § 245.00. Penal Law § 245.00 prohibits the inten…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 235.07Obscenity in the first degreeIn force
Obscenity in the first degree. A person is guilty of obscenity in the first degree when, knowing its content and character, he wholesale promotes or possesses with intent to wholesale promote, any obscene material. Obscenity in the first degree is a class D felony.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
§ 235.06Obscenity in the second degreeIn force
Obscenity in the second degree. A person is guilty of obscenity in the second degree when he commits the crime of obscenity in the third degree as defined in subdivisions one and two of section 235.05 of this chapter and has been previously convicted of obscenity in the third degree. Obscenity in the second degree is a class E felony.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 4 court opinions in our collectionLatest citing opinion in our collection: 1995
Opinions citing this section in our collection:
- People v. Estevez (Criminal Court of the City of New York 1995, 163 Misc. 2d 839)“…Ct 1976] [two instances of obscenity in the second degree (Penal Law § 235.06)]). In 1993, the Second Department he…”
- People v. Allies Boulevard Book Store, Inc. (New York County Courts 1985, 130 Misc. 2d 556)“…or the crimes of obscenity in the second and third degrees (Penal Law §§ 235.06, 235.05) in connection with the same da…”
- G. I. Distributors, Inc. v. Murphy (Court of Appeals for the Second Circuit 1972, 469 F.2d 752)“…w York Criminal Procedure Law § 690.10(2). . New York Penal Law § 235.06 (McKinney’s Supp.1972), McKinney’s Cons…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 263.10Promoting an obscene sexual performance by a childIn force
Promoting an obscene sexual performance by a child. A person is guilty of promoting an obscene sexual performance by a child when, knowing the character and content thereof, such person produces, directs or promotes any obscene performance which includes sexual conduct by a child less than seventeen years of age, including a performance created or altered by digitization as defined in section 245.15 of this part. Promoting an obscene sexual performance by a child is a class D felony.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 16 court opinions in our collectionLatest citing opinion in our collection: 2020
Opinions citing this section in our collection:
- People v. Barrows (New York Supreme Court 1998, 177 Misc. 2d 712)“…ng an obscene sexual performance by a child in violation of Penal Law § 263.10 and two counts of attempted disseminati…”
- People v. Foley (New York Court of Appeals 2000, 94 N.Y.2d 668)“…unts of promoting an obscene sexual performance by a child (Penal Law § 263.10), three counts of promoting a sexual pe…”
- People v. Waldron (New York Court of Appeals 2006, 6 N.Y.3d 463)“…63.05), promoting an obscene sexual performance by a child (Penal Law § 263.10) and possessing an obscene sexual perfo…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
United States Code Title 18
§ 1466AObscene visual representations of the sexual abuse of childrenIn forcecited in 6 of our articles
Any person who, in a circumstance described in subsection (d), knowingly produces, distributes, receives, or possesses with intent to distribute, a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, that— depicts a minor engaging in sexually explicit conduct; and is obscene; or depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; and lacks serious literary, artistic, political, or scientific value; or attempts or conspires to do so, shall be subject to the penalties provided in section 2252A(b)(1), including the penalties provided for cases involving a prior conviction.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 82 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- United States v. Jason M. Moriarty (Court of Appeals for the Eleventh Circuit 2005, 429 F.3d 1012)“…nor engaging in sexually explicit conduct, in violation of 18 U.S.C. § 1466A(a)(1) and (2) (Count Three). Moriarty…”
- United States v. Schales (Court of Appeals for the Ninth Circuit 2008)“…inor engaging in sexually explicit conduct that is obscene, 18 U.S.C. § 1466A(a)(l). On appeal, Schales launches an a…”
- United States v. Whorley (Court of Appeals for the Fourth Circuit 2008, 550 F.3d 326)“…icit conduct, the same 20 anime cartoons, in vio- lation of 18 U.S.C. § 1466A(a)(1); (3) knowingly receiving, as a pe…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New Jersey Pornography Laws, New Jersey Pornography Laws (2026): Legality and Penalties, New Mexico Pornography Laws (2026): Legality and Penalties
§ 2257Record keeping requirementsIn forcecited in 34 of our articles
Whoever produces any book, magazine, periodical, film, videotape, digital image, digitally- or computer-manipulated image of an actual human being, picture, or other matter which— contains one or more visual depictions made after November 1, 1990 of actual sexually explicit conduct; and is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce; shall create and maintain individually identifiable records pertaining to every performer portrayed in such a visual depiction.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 68 court opinions in our collectionLatest citing opinion in our collection: 2025
In the courts (editorial summary, independently checked):Connection Distributing Co. v. The Honorable Janet Reno (1998) affirmed denial of a preliminary injunction against section 2257. Free Speech Coalition, Inc. v. Attorney General of the United States (2012) reviewed it as content neutral under intermediate scrutiny, a standard the Third Circuit later replaced with strict scrutiny.
Opinions citing this section in our collection:
- United States v. X-Citement Video, Inc. (Supreme Court of the United States 1994, 513 U.S. 64)“…rformers with independent penalties for failure to comply. 18 U. S. C. §§ 2257 (a) and (i) (1988 ed. and Supp. V); Am…”
- Connection Distributing Co. v. The Honorable Janet Reno (Court of Appeals for the Sixth Circuit 1998, 154 F.3d 281)✓A swingers magazine that ran readers' sexually explicit ads challenged section 2257's age record and labeling duties; the court treated the statute as content neutral, found no substantial likelihood of First Amendment success, and affirmed denial of a preliminary injunction.
- Free Speech Coalition, Inc. v. Attorney General of the United States (Court of Appeals for the Third Circuit 2012, 677 F.3d 519)✓Adult film producers, photographers and sex educators challenged section 2257's recordkeeping duties; the court held the statutes content neutral and found they advance protecting children, but vacated dismissal of the First and Fourth Amendment claims for record development.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: How to File a DMCA Takedown on Xvideos (2026 Guide), West Virginia Voyeurism Laws: Hidden Cameras and Privacy Violations, Illinois Pornography Laws (2026): Legality & No AV Law Yet
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Sources and References
- N.Y. Penal Law 235.05, Obscenity in the third degree (promotion/possession-with-intent-to-promote, class A misdemeanor)(nysenate.gov).gov
- N.Y. Penal Law 235.21, Disseminating indecent material to minors in the second degree (class E felony)(nysenate.gov).gov
- N.Y. Penal Law 235.22, Disseminating indecent material to minors in the first degree (class D felony)(nysenate.gov).gov
- N.Y. Penal Law 245.00, Public lewdness (class B misdemeanor)(nysenate.gov).gov
- N.Y. Penal Law 245.15, Unlawful dissemination or publication of an intimate image, including digitally altered images (class A misdemeanor)(nysenate.gov).gov
- N.Y. Penal Law 263.15, Promoting a sexual performance by a child (class D felony)(nysenate.gov).gov
- N.Y. Penal Law 263.11, Possessing an obscene sexual performance by a child (class E felony)(nysenate.gov).gov
- N.Y. Penal Law 263.16, Possessing a sexual performance by a child, including performances created or altered by digitization (class E felony)(nysenate.gov).gov
- New York Senate Bill S.3591 (2025-2026), adult-website age verification, defeated in Senate Internet and Technology Committee May 5, 2025 and May 21, 2026(nysenate.gov).gov
- New York Department of State, legal memorandum on municipal regulation of adult uses(dos.ny.gov).gov
- TAKE IT DOWN Act, Public Law 119-12 (May 19, 2025), 48-hour platform removal duty for nonconsensual intimate images and digital forgeries(govinfo.gov).gov
- N.Y. Penal Law 263.10, Promoting an obscene sexual performance by a child, child less than seventeen years of age (class D felony)(nysenate.gov)