Possessing A Sexual Performance By A Child Lawyer New York
Possessing A Sexual Performance By A Child Lawyer New York County (Manhattan) — What Are Your Defense Options?
Possessing a sexual performance by a child is a serious felony under NY Penal Law § 263.16, carrying severe penalties and mandatory SORA registration. If you are facing these charges in New York County (Manhattan), you need an experienced Possessing A Sexual Performance By A Child Lawyer New York from Law Offices Of SRIS, P.C.
Understanding the Law: Possessing a Sexual Performance by a Child in New York
In New York, the crime of possessing a sexual performance by a child is defined under NY Penal Law Article 263. Specifically, NY Penal Law § 263.16 makes it a crime to knowingly possess any performance which includes sexual conduct by a child less than sixteen years of age. A “performance” means any play, motion picture, photograph, or dance. This is a distinct charge from producing or promoting such material, focusing solely on possession. The statute is part of a full framework designed to combat the exploitation of children, and charges are aggressively prosecuted, particularly in Manhattan.
Last verified: April 2026 | New York County Supreme Court | New York State Legislature
Official Legal Resources
For the official text of the law, refer to NY Penal Law § 263.16 (official New York State Senate). For court procedures and information, visit the New York County Supreme Court website.
The Legal Process for Possession Charges in Manhattan
Charges for possessing a sexual performance by a child in New York County typically begin with an investigation, often involving digital forensics. The case will be presented to a grand jury for indictment, as it is a felony. If indicted, your case will proceed in New York County Supreme Court. A critical stage unique to sex offense cases is the Sex Offender Registration Act (SORA) risk assessment hearing, which occurs before sentencing and determines your registration level. The process is complex, and having a lawyer who understands the local court’s approach is vital.
- Secure Immediate Legal Representation: Contact a defense attorney before speaking to investigators. Your lawyer will advise you on preserving your rights.
- Investigation & Evidence Review: Your attorney will scrutinize the search warrant, the chain of custody for digital evidence, and the methods used to obtain it, looking for constitutional violations.
- Grand Jury Presentation: Your lawyer may present exculpatory evidence or arguments to the grand jury in an effort to prevent an indictment.
- Pre-Trial Motions: File motions to suppress illegally obtained evidence or to dismiss charges based on procedural flaws.
- SORA Risk Assessment: Prepare for and contest the SORA hearing with experienced testimony to argue for the lowest possible risk level.
- Trial or Negotiation: Decide whether to take the case to trial before a jury or negotiate a plea agreement that minimizes long-term consequences.
Potential Penalties for a Conviction
In New York County (Manhattan), possessing a sexual performance by a child is a Class E felony, but enhanced charges apply for multiple items or prior convictions, skilled to significant prison time and lifelong registration.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possessing a Sexual Performance by a Child (1 item) | Class E Felony | Up to 4 years | Up to $5,000 | None | Mandatory SORA registration (min. 20 years) |
| Possessing 2-5 items | Class D Felony | Up to 7 years | Up to $5,000 | None | Mandatory SORA registration (min. 20 years) |
| Possessing 6+ items | Class C Felony | Up to 15 years | Up to $15,000 | None | Mandatory SORA registration (min. 20 years), possible SVP designation |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Defense
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. With over 120 years of combined legal experience and a documented history of favorable outcomes in complex cases, our firm brings a depth of knowledge to every defense. We understand that a charge for possessing a sexual performance by a child carries not just legal penalties but significant personal and social consequences. Our approach is direct and focused on building a defense that challenges the prosecution’s evidence at every turn, from the legality of the search to the forensic analysis of digital devices.
Our Approach to Your Case
When you hire our firm as your Possessing A Sexual Performance By A Child Law Firm New York, you get a defense team that leaves no stone unturned. We immediately work to secure and examine all digital evidence, consulting with forensic experts when necessary. We file aggressive pre-trial motions to suppress evidence obtained without a proper warrant or through overbroad searches. We prepare meticulously for SORA hearings, often using psychological evaluators to advocate for a lower risk classification. Our goal is to achieve the best possible result, whether that is a case dismissal, a reduction in charges, or a sentencing outcome that allows you to move forward with your life.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our New York County Sex Crime Defense Lawyers
Our New York location serves clients at New York County (Manhattan) courts, accessible via all subway lines, the FDR Drive, and West Side Highway. We represent individuals from neighborhoods across Manhattan, including Midtown, Lower Manhattan, Upper East Side, Upper West Side, Harlem, Greenwich Village, SoHo, Tribeca, Chelsea, Hell’s Kitchen, East Village, Financial District, Chinatown, Washington Heights, and Inwood.
Law Offices Of SRIS, P.C.
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003 | Local: (838) 292-0003
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions: Possessing A Sexual Performance By A Child Charges
What does “sexual performance by a child” mean under New York law?
Yes. Under NY Penal Law § 263.00, it means any performance that includes sexual conduct where the participant is under 16. A “performance” includes videos, photos, or live acts. The law criminalizes knowingly possessing such material, regardless of whether you created or shared it.
Can I be charged if the images were on my computer but I didn’t download them?
It depends. The prosecution must prove you “knowingly” possessed the material. A defense may involve lack of knowledge, such as a virus, a shared computer, or accidental downloads. A skilled Possessing A Sexual Performance By A Child Lawyer New York can challenge the element of knowledge, which is central to the charge.
What is the difference between a Class E and a Class C felony for this charge?
The class is based on the number of items possessed. One item is a Class E felony (up to 4 years). Six or more items is a Class C felony (up to 15 years). The number of items significantly increases the potential prison sentence and the severity of the SORA registration requirements.
Is SORA registration mandatory if I am convicted?
Yes. A conviction for any offense under Article 263, including possession, triggers mandatory registration under the Sex Offender Registration Act (SORA). The minimum registration period is 20 years, but it can be for life, especially for higher-level felonies or if you are designated a sexually violent predator.
Can evidence be suppressed in these cases?
Yes. A common defense strategy is to file a motion to suppress evidence obtained through an illegal search or seizure. If the warrant was defective, the search exceeded its scope, or your rights were violated, the judge may exclude the evidence, which can lead to the case being dismissed.
Should I talk to the police if they want to question me?
No. You have the right to remain silent and the right to an attorney. You should politely decline to answer questions and immediately contact a lawyer. Anything you say can be used against you, and investigators are trained to obtain incriminating statements.
Related Practice Areas: If you are facing other serious charges, our firm also provides defense for sex crimes throughout New York, sex crime defense in Albany County, and general criminal defense in Manhattan.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.