What should someone do after an arrest for use of a child in a sexual performance?

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 use of a child in a sexual performance 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 use of a child in a sexual performance 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 Use of a Child in a Sexual Performance Lawyer

Lebedin Kofman LLP defends clients accused of use of a child in a sexual performance under New York Penal Law Article 263.

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Defense for use of a child in a sexual performance Allegations

Article 263 child sexual performance cases can involve allegations about images, videos, production, inducement, participation, direction, devices, online accounts, or conduct involving a minor. These cases often include digital forensic evidence and may overlap with federal investigative concerns.

The New York Courts Article 263 jury-instruction page lists use of a child in a sexual performance as one of the core child sexual performance offenses. Because the factual record is often technical and sensitive, early legal review is critical.

What Prosecutors May Focus On

The prosecution may focus on devices, cloud accounts, metadata, downloads, uploads, messages, social media, account ownership, IP information, search warrants, and statements allegedly made during questioning.

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

Defense issues may include device ownership, account access, knowledge, intent, whether the accused created or controlled the alleged material, warrant scope, forensic reliability, and whether the prosecution can prove every required element.

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 works to identify digital-evidence weaknesses, preserve defense evidence, challenge unlawful searches or statements, and coordinate forensic or mitigation resources when they may affect the outcome.

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 police, prosecutors, or federal agents are investigating an Article 263 allegation, contact counsel before speaking with investigators or turning over devices.

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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.