Sexual Performance By a Child Charges in NYC
Defending Against Serious Allegations with Experience and Precision
In New York, being accused of a crime involving the sexual performance of a child is among the most serious and life-altering legal situations a person can face. These charges not only carry the possibility of lengthy prison sentences and mandatory sex offender registration, but they also bring immediate and devastating consequences to reputation, employment, and personal relationships. At Sosinsky Law, we provide aggressive, strategic defense for individuals accused of sex crimes, including high-profile cases in both state and federal court.
Attorney Fred Sosinsky brings more than three decades of experience as a federal criminal defense lawyer in New York City, defending clients against the most complex and high-stakes allegations. If you or someone you love is facing an investigation or criminal charge involving a child’s sexual performance, you need legal counsel immediately. Call (212) 285-2270 today for a confidential consultation.
Understanding New York Penal Law 263.05: Use of a Child in a Sexual Performance
Under New York Penal Law §263.05, it is a felony offense to employ, authorize, or induce a child under the age of 17 to engage in a sexual performance. A sexual performance is defined as any performance or depiction—live or recorded—that includes sexual conduct by a minor.
Sexual conduct includes, but is not limited to:
- Sexual intercourse or deviate sexual intercourse
- Masturbation
- Lewd exhibition of the genitals
- Bestiality or sadomasochistic abuse
The law is broad and covers both in-person and digital contexts, meaning that photos, videos, or livestreams can all fall within the scope of prosecution.
Related Charges Under Article 263
Prosecutors often pursue multiple charges related to a single allegation. In addition to NY Penal Law §263.05, individuals may also be charged with:
- Promoting a Sexual Performance by a Child (§263.15)
- Possessing a Sexual Performance by a Child (§263.16)
- Facilitating a Sexual Performance by a Child (§263.10)
- Use of a Child in a Sexual Performance as part of Enterprise Corruption
In federal cases, similar charges may arise under 18 U.S.C. § 2251 and related statutes, including those that cover transportation or distribution of child pornography across state lines or via electronic means.
What Must the Government Prove?
To convict someone of the use of a child in a sexual performance under New York law, the prosecution must establish the following elements beyond a reasonable doubt:
- The defendant knowingly employed, authorized, or induced a child to engage in sexual conduct;
- The child was under 17 years of age at the time;
- The conduct occurred during a performance or for the purpose of recording a performance.
Each of these elements can be challenged in court, especially where there is ambiguity about the defendant’s intent, knowledge, or the age of the individual depicted.
Defending Against Allegations Involving Sexual Performance by a Child
At Sosinsky Law, we approach these cases with urgency, discretion, and a deep understanding of the laws governing digital evidence, search warrants, and forensic examination. Every case is different, but common defense strategies include:
1. Lack of Knowledge or Intent
The prosecution must prove that the accused knowingly induced or participated in the creation of a sexual performance. In many cases involving online content, there may be a genuine lack of knowledge that the individual was a minor, or that the content even existed on the defendant’s device.
2. Age Misrepresentation
In some situations, the alleged victim may have misrepresented their age, either online or in person. If the defense can demonstrate that the accused had no reason to believe the individual was underage, this may challenge the element of intent.
3. Unlawful Search or Seizure
Many cases stem from digital evidence obtained via search warrants. If the warrant was overly broad, based on flawed information, or executed improperly, a motion to suppress the evidence may lead to dismissal of the charges.
4. No Sexual Conduct or No Performance
Not every suggestive or inappropriate photo or video meets the legal threshold of a “sexual performance.” The law requires specific conduct to be present. We often consult with forensic experts and psychologists to rebut claims about what the material actually depicts.
Federal Charges for Sexual Exploitation of a Minor
In some cases, particularly those involving interstate or international communications, federal prosecutors may bring charges under 18 U.S.C. §2251 and related statutes. These federal crimes often carry mandatory minimum sentences of 15 years or more and require meticulous, high-level defense.
Sosinsky Law has represented clients in major federal cases involving:
- FBI or Homeland Security investigations
- Child pornography task forces
- Indictments involving encrypted data or cloud storage
- Parallel state and federal proceedings
Our experience navigating both systems provides a critical advantage for clients whose liberty is on the line.
Early Intervention Can Change the Outcome
In many situations, law enforcement agencies begin their investigation months before charges are filed. If you have received a target letter, been contacted by federal agents, or had your electronic devices seized, you are already in the crosshairs.
Engaging Sosinsky Law early allows us to:
- Challenge the validity of search warrants
- Intervene in grand jury investigations
- Present exculpatory evidence to prosecutors
- Negotiate pre-indictment resolutions or deferred prosecution
Early intervention has helped many of our clients avoid public charges or resolve matters discreetly before formal proceedings begin.
Collateral Consequences of a Conviction
Beyond prison time, a conviction for use of a child in a sexual performance carries harsh long-term consequences, including:
- Mandatory sex offender registration under SORA (Sex Offender Registration Act)
- Lifetime restrictions on employment, housing, and internet use
- Immigration consequences, including deportation or denial of naturalization
- Loss of custody or visitation rights
- Permanent damage to reputation, even after sentence completion
Because of these stakes, even an allegation must be met with an immediate and aggressive defense.
Why Choose Sosinsky Law?
Attorney Fred Sosinsky has over 30 years of experience defending clients in the most serious state and federal criminal matters. He has handled:
- Federal child exploitation cases in the Southern and Eastern Districts of New York
- State-level charges involving Article 263 offenses
- Pre-indictment advocacy to avoid arrest
- Trials resulting in acquittals, dismissals, or reduced charges
Our firm combines thorough legal analysis, cutting-edge forensic expertise, and skilled courtroom advocacy to give our clients the best chance of success.
Get Immediate Help from a Proven Criminal Defense Lawyer
If you are facing accusations involving a sexual performance by a child in NYC, the time to act is now. Do not speak to investigators without an attorney. Do not consent to searches or attempt to explain your side of the story alone.
Call Sosinsky Law at (212) 285-2270 immediately. We will protect your rights, preserve crucial evidence, and begin building your defense from day one.
Your future depends on the next steps you take. Let us fight to protect it.