New York Consolidated Laws, Penal Law - PEN § 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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