Section 35.07. Unlawful exhibitions


Latest version.
  • 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.