§ 263.00 Definitions.
As used in this article the following definitions shall apply:
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
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.