New York Penal Law Section 235.20 - Disseminating Indecent Material To Minors; Definitions Of Terms.

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    § 235.20    Disseminating  indecent  material to minors; definitions of
  terms.
    The following definitions are applicable to sections  235.21,  235.22,
  235.23 and 235.24 of this article:
    1.  "Minor" means any person less than seventeen years old.
    2.    "Nudity" means the showing of the human male or female genitals,
  pubic area or buttocks with less than a full  opaque  covering,  or  the
  showing  of  the female breast with less than a fully opaque covering of
  any portion thereof below the top of the nipple,  or  the  depiction  of
  covered male genitals in a discernably turgid state.
    3.  "Sexual conduct" means acts of masturbation, homosexuality, sexual
  intercourse,  or  physical  contact with a person's clothed or unclothed
  genitals, pubic area, buttocks or, if such person be a female, breast.
    4.  "Sexual excitement" means the condition of human  male  or  female
  genitals when in a state of sexual stimulation or arousal.
    5.   "Sado-masochistic abuse" means flagellation or torture by or upon
  a person clad in undergarments,  a  mask  or  bizarre  costume,  or  the
  condition of being fettered, bound or otherwise physically restrained on
  the part of one so clothed.
    6.    "Harmful  to  minors"  means  that quality of any description or
  representation, in whatever form,  of  nudity,  sexual  conduct,  sexual
  excitement, or sado-masochistic abuse, when it:
    (a)  Considered as a whole, appeals to the prurient interest in sex of
  minors; and
    (b)    Is  patently  offensive  to  prevailing  standards in the adult
  community as a whole with respect  to  what  is  suitable  material  for
  minors; and
    (c)    Considered  as  a  whole,  lacks  serious  literary,  artistic,
  political and scientific value for minors.
    7. The term "access software"  means  software  (including  client  or
  server  software)  or  enabling  tools that do not create or provide the
  content of the communication but that allow a user to do any one or more
  of the following:
    (a) filter, screen, allow or disallow content;
    (b) pick, choose, analyze or digest content; or
    (c)  transmit,  receive,  display,  forward,  cache,  search,  subset,
  organize, reorganize or translate content.

Last modified: July 30, 2006