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New York Penal - Article 245 - § 245.11 Public Display of Offensive Sexual Material

Legal Research Home > New York Laws > New York Penal (PEN) > New York Penal - Article 245 - § 245.11 Public Display of Offensive Sexual Material

 
  § 245.11 Public display of offensive sexual material.
    A  person  is  guilty  of  public display of offensive sexual material
  when, with knowledge of  its  character  and  content,  he  displays  or
  permits  to  be  displayed  in  or  on  any window, showcase, newsstand,
  display rack, wall, door,  billboard,  display  board,  viewing  screen,
  moving picture screen, marquee or similar place, in such manner that the
  display  is  easily  visible from or in any:  public street, sidewalk or
  thoroughfare;  transportation  facility;  or  any  place  accessible  to
  members  of  the  public  without  fee  or  other  limit or condition of
  admission such as a  minimum  age  requirement  and  including  but  not
  limited  to  schools,  places  of  amusement,  parks and playgrounds but
  excluding  rooms  or  apartments  designed  for  actual  residence;  any
  pictorial,  three-dimensional or other visual representation of a person
  or a portion of the human body that predominantly  appeals  to  prurient
  interest in sex, and that:
    (a)   depicts  nudity,  or  actual  or  simulated  sexual  conduct  or
  sado-masochistic abuse; or
    (b) depicts or appears to depict nudity, or actual or simulated sexual
  conduct or sado-masochistic abuse, with the area of the male  or  female
  subject's  unclothed  or  apparently  unclothed  genitals, pubic area or
  buttocks, or of the female subject's unclothed or  apparently  unclothed
  breast,  obscured by a covering or mark placed or printed on or in front
  of the material displayed, or obscured or altered in any other manner.
    Public display of offensive sexual material is a Class A misdemeanor.

Last modified: February 17, 2012