New York Consolidated Laws, Penal Law - PEN § 263.00 Definitions

1. “Sexual performance” means any performance or part thereof which, for purposes of section 263.16 of this article, includes sexual conduct by a child less than sixteen years of age or, for purposes of section 263.05 or 263.15 of this article, includes sexual conduct by a child less than seventeen years of age.

2. “Obscene sexual performance” means any performance which, for purposes of section 263.11 of this article, includes sexual conduct by a child less than sixteen years of age or, for purposes of section 263.10 of this article, includes sexual conduct by a child less than seventeen years of age, in any material which is obscene, as such term is defined in section 235.00 of this chapter.

3. “Sexual conduct” means actual or simulated sexual intercourse, oral sexual conduct, anal sexual conduct, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals.

4. “Performance” means any play, motion picture, photograph or dance.  Performance also means any other visual representation exhibited before an audience.

5. “Promote” means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmute, publish, distribute, circulate, disseminate, present, exhibit or advertise, or to offer or agree to do the same.

6. “Simulated” means the explicit depiction of any of the conduct set forth in subdivision three of this section which creates the appearance of such conduct and which exhibits any uncovered portion of the breasts, genitals or buttocks.

7. “Oral sexual conduct” and “anal sexual conduct” mean the conduct defined by subdivision two of section 130.00 of this chapter.

8. “Sado-masochistic abuse” means the conduct defined in subdivision five of section 235.20 of this chapter.

9. For purposes of sections 263.10, 263.11, 263.15 and 263.16 of this article, the terms “possession,” “control” and “promotion” shall not include conduct by an attorney when the performance was provided to such attorney in relation to the representation of a person under investigation or charged under this chapter or as a respondent pursuant to the family court act, and is limited in use for the purpose of representation for the period of such representation.