People v. Keyes, 75 N.Y.2d 342 (1990)

The procurement of child pornography for personal use falls within the scope of Penal Law § 263.15, which criminalizes the promotion of a sexual performance by a child.

Summary

Defendant Keyes was charged with promoting a sexual performance by a child in violation of Penal Law § 263.15 after procuring child pornography through the mail and from an undercover officer. The County Court dismissed the indictment, reasoning that the statute targeted distribution, not personal acquisition. The Appellate Division reversed, holding that