Gonzalez v. Ashcroft, ___ F.Supp.2d ___ (S.D.N.Y. April 29, 2005) (New York conviction for "use of a child in a sexual performance" under New York Penal Law ("N.Y.P.L.") 263.05, did not constitute an offense relating to child pornography, and was therefore not an aggravated felony under INA 101(a)(43)(I), 8 U.S.C. 1101(a)(43)(I), because the statute of conviction permits convictions for a lesser degree of scienter when parents or guardians are charged with violating the statute than the federal statutes encompassed by the aggravated felony provisions require, i.e., to act intentionally or knowingly: "Unless the scienter element is read so as not to attach to the parent's knowledge of the nature of the performance, the clause regarding parents is rendered superfluous.").