Arts and Cultural Affairs - Protection of Child Performers and Models - Child Performers and Models - Unlawful exhibitions

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
§ 35.07. Unlawful exhibitions. 1. It shall be unlawful for any person
to employ, use, or exhibit any child under sixteen years of age, or for
a parent, guardian or employer to consent to or to refuse to restrain
such child in engaging or acting:

a. As a rope or wire walker, gymnast (except in a non-professional
capacity or activity), rider upon a horse or other animal (except in a
non-professional horse show), or as an acrobat, or upon any bicycle or
other mechanical vehicle or contrivance unless a child performer permit
is issued pursuant to the provisions of section one hundred fifty-one of
the labor law, and the child is protected by the use of safety devices
or protective equipment which comply with the provisions of the Federal
Occupational Safety and Health Act provided, however, that where an
activity is exempt from the permit requirement of this paragraph because
the activity is non-professional, the activity shall still be required
to comply with the requirement of this paragraph relating to safety
devices and protective equipment; or

(b) As a wrestler, boxer, or contortionist; or

(c) In begging or receiving or soliciting alms in any manner or under
any pretense, or in any mendicant occupation; or in gathering or picking
rags, or collecting cigar stumps; or collecting bones or refuse from
markets or streets; or in peddling; or

(d) In any illegal, indecent, or immoral exhibition or practice; or in
the exhibition of any such child when mentally ill, mentally retarded,
or when presenting the appearance of any deformity or unnatural physical
formation or development; or

(e) In any practice or exhibition or place dangerous or injurious to
the life, limb, health or morals of such child provided, however, that
the provisions of this paragraph shall not apply to service as a member
of a certified volunteer ambulance service under the supervision of an
emergency medical technician as provided in article thirty of the public
health law by youthful volunteers at least fifteen years of age who hold
a current American Red Cross advanced first aid and emergency care card.

2. It shall be unlawful for any person to employ, use or exhibit any
person under eighteen years of age as a dancer or performer in any
portion of a facility open to the public wherein performers appear and
dance or otherwise perform unclothed, under circumstances in which such
employment would be harmful to such person in the manner defined in
subdivision six of section 235.20 of the penal law.

3. Violation of this section shall be a misdemeanor.