N.Y. PEN Law § 263.00

§ 263.00 Definitions.\n As used in this article the following definitions shall apply:\n 1. "Sexual performance" means any performance or part thereof which,\nfor purposes of section 263.16 of this article, includes sexual conduct\nby a child less than sixteen years of age or, for purposes of section\n263.05 or 263.15 of this article, includes sexual conduct by a child\nless than seventeen years of age.\n 2. "Obscene sexual performance" means any performance which, for\npurposes of section 263.11 of this article, includes sexual conduct by a\nchild less than sixteen years of age or, for purposes of section 263.10\nof this article, includes sexual conduct by a child less than seventeen\nyears of age, in any material which is obscene, as such term is defined\nin section 235.00 of this chapter.\n 3. "Sexual conduct" means actual or simulated vaginal sexual contact,\noral sexual contact, anal sexual contact, sexual bestiality,\nmasturbation, sado-masochistic abuse, or lewd exhibition of the\ngenitals.\n 4. "Performance" means any play, motion picture, photograph or dance.\nPerformance also means any other visual representation exhibited before\nan audience.\n 5. "Promote" means to procure, manufacture, issue, sell, give,\nprovide, lend, mail, deliver, transfer, transmute, publish, distribute,\ncirculate, disseminate, present, exhibit or advertise, or to offer or\nagree to do the same.\n 6. "Simulated" means the explicit depiction of any of the conduct set\nforth in subdivision three of this section which creates the appearance\nof such conduct and which exhibits any uncovered portion of the breasts,\ngenitals or buttocks.\n 7. "Oral sexual conduct" and "anal sexual conduct" mean the conduct\ndefined by subdivision two of section 130.00 of this chapter.\n 8. "Sado-masochistic abuse" means the conduct defined in subdivision\nfive of section 235.20 of this chapter.\n 9. For purposes of sections 263.10, 263.11, 263.15 and 263.16 of this\narticle, the terms "possession," "control" and "promotion" shall not\ninclude conduct by an attorney when the performance was provided to such\nattorney in relation to the representation of a person under\ninvestigation or charged under this chapter or as a respondent pursuant\nto the family court act, and is limited in use for the purpose of\nrepresentation for the period of such representation.\n