What should someone do after an arrest for promoting a sexual performance by a child?

The safest first step is to speak with defense counsel before making statements, consenting to searches, or trying to explain the allegations. Early legal work can preserve evidence, identify search or statement issues, and shape how prosecutors evaluate the case.

Can promoting a sexual performance by a child charges be challenged in New York?

Yes. Possible defenses depend on the facts, but may involve intent, identification, credibility, digital or forensic evidence, search warrants, statements, expert issues, statutory definitions, and whether the prosecution can prove every required element beyond a reasonable doubt.

Why contact a lawyer early in a promoting a sexual performance by a child case?

These cases can create criminal, reputational, employment, licensing, immigration, and registration consequences. Early defense work may affect bail, investigation strategy, evidence preservation, plea negotiations, motion practice, and trial preparation.

New York Criminal Defense

New York Promoting a Sexual Performance by a Child Lawyer

Lebedin Kofman LLP represents clients accused of promoting a sexual performance by a child in New York state and related federal investigations.

Call 646-663-4430 Contact the Firm

Defense for promoting a sexual performance by a child Allegations

Promoting a sexual performance by a child allegations can arise from claimed distribution, publication, sharing, uploading, forwarding, file-transfer activity, social media activity, cloud storage, messaging, or other conduct involving alleged child sexual performance material.

The New York Courts Article 263 jury-instruction page lists promoting a sexual performance by a child as a separate offense from possession and use. That distinction matters because the prosecution may attempt to prove dissemination or promotion, not merely possession.

What Prosecutors May Focus On

Prosecutors may rely on digital extractions, forensic reports, account records, provider returns, IP logs, file names, hash values, communications, and witness testimony.

Whether the conduct fits the exact statutory theory charged.
Whether the complaining witness, digital evidence, forensic evidence, or third-party records support the allegation.
Whether statements, searches, devices, or account records were obtained lawfully.
Whether the prosecution can prove identity, intent, knowledge, age-related elements, and lack-of-consent or incapacity issues where required.

Defense Issues That Must Be Evaluated Early

The defense should examine who controlled the device or account, whether any file was knowingly shared, whether the forensic interpretation is reliable, whether the search exceeded its lawful scope, and whether the charged statute fits the evidence.

Search warrant scope, device extraction, cloud-account access, preservation, and chain of custody.
Statements to police, campus officials, investigators, employers, or third parties.
Medical, forensic, electronic, location, social-media, or messaging evidence.
Expert issues involving digital evidence, forensic interpretation, psychology, memory, or false accusation dynamics.
Collateral exposure, including orders of protection, employment consequences, professional licensing, immigration issues, and registration-related consequences.

How Lebedin Kofman Approaches These Cases

Lebedin Kofman focuses on early forensic review, suppression issues, evidence preservation, plea and sentencing exposure, and preparing the matter as though trial may become necessary.

When appropriate, the defense may involve early intervention before charges are filed, grand jury advocacy, suppression motions, forensic review, expert consultation, mitigation, negotiation, or trial preparation from the beginning. The strategy depends on the facts, the evidence, the client's goals, and the consequences at stake.

Related Defense Pages

Contact a New York Defense Attorney

If you are under investigation for promoting a sexual performance by a child, speak with defense counsel immediately before speaking with police or agents.

Call 646-663-4430 Send a Confidential Inquiry

Prior results do not guarantee a similar outcome. Every case is different and must be evaluated on its own facts, evidence, procedural posture, and applicable law.