S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1782

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2009
                               ___________

Introduced by M. of A. CALHOUN, ALFANO -- Multi-Sponsored by -- M. of A.
  CROUCH,  OAKS,  TEDISCO  -- read once and referred to the Committee on
  Codes

AN ACT to amend the penal law, in relation to sale or display to  minors
  of indecent materials

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

   Section 1.  The penal law is amended by adding a new  section  260.35
to read as follows:
S 260.35 SALE OR DISPLAY TO MINORS OF INDECENT MATERIALS.
  A. FOR THE PURPOSES OF THIS SECTION:
  1.  "DESCRIPTION  OR  DEPICTIONS  OF ILLICIT SEX OR SEXUAL IMMORALITY"
SHALL MEAN:
  (A) HUMAN GENITALS IN A STATE OF SEXUAL STIMULATION OR AROUSAL;
  (B) ACTS OF HUMAN MASTURBATION, SEXUAL INTERCOURSE OR SODOMY; AND
  (C) FONDLING OR OTHER EROTIC TOUCHING OF HUMAN GENITALS, PUBIC REGION,
BUTTOCK OR FEMALE BREAST.
  2. "NUDE OR PARTIALLY DENUDED FIGURES" SHALL MEAN:
  (A) LESS THAN COMPLETELY AND OPAQUELY COVERED:  HUMAN GENITALS,  PUBIC
REGIONS, BUTTOCK AND IMMEDIATELY ABOVE THE TOP OF THE AREOLA; AND
  (B)  HUMAN  MALE  GENITALS  IN  A  DISCERNIBLY  TURGID  STATE, EVEN IF
COMPLETELY AND OPAQUELY COVERED.
  3. "KNOWINGLY" SHALL  MEAN  HAVING  KNOWLEDGE  OF  THE  CHARACTER  AND
CONTENT  OF  THE PUBLICATION OR FAILURE ON NOTICE TO EXERCISE REASONABLE
INSPECTION WHICH WOULD DISCLOSE THE CONTENT AND CHARACTER OF THE SAME.
  4. "PERSON" SHALL MEAN AN INDIVIDUAL,  FIRM,  CORPORATION,  COPARTNER-
SHIP,  JOINT  VENTURE,  JOINT ADVENTURERS OR UNINCORPORATED ASSOCIATION,
AND THE PLURAL AS WELL AS THE SINGULAR NUMBER.
  B. IT SHALL BE UNLAWFUL FOR ANY PERSON TO WILFULLY OR KNOWINGLY ENGAGE
IN THE BUSINESS OF SELLING, LENDING, GIVING AWAY,  SHOWING,  ADVERTISING
FOR  SALE OR DISTRIBUTING TO ANY PERSON UNDER THE AGE OF SEVENTEEN YEARS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02221-01-9
              

A. 1782                             2

OR WHO HAS IN HIS POSSESSION WITH INTENT TO ENGAGE IN THE SAID  BUSINESS
OR  TO  OTHERWISE OFFER FOR SALE OR COMMERCIAL DISTRIBUTION TO ANY INDI-
VIDUAL UNDER THE AGE OF SEVENTEEN YEARS OR WHO SHALL  DISPLAY  AT  NEWS-
STANDS  OR  ANY  OTHER BUSINESS ESTABLISHMENT FREQUENTED BY MINORS UNDER
THE AGE OF SEVENTEEN YEARS OR WHERE SAID MINORS ARE OR MAY BE INVITED AS
A PART OF THE GENERAL PUBLIC ANY MOTION PICTURE, OR ANY STILL PICTURE OR
PHOTOGRAPH OR ANY BOOK, POCKET BOOK, PAMPHLET OR MAGAZINE, THE COVER  OR
CONTENT  OF  WHICH EXPLOITS, IS DEVOTED TO, OR IS PRINCIPALLY MADE UP OF
DESCRIPTIONS OR DEPICTIONS OF ILLICIT SEX OR SEXUAL IMMORALITY OR  WHICH
IS LEWD, LASCIVIOUS OR INDECENT OR WHICH CONSISTS OF PICTURES OF NUDE OR
PARTIALLY  DENUDED  FIGURES POSED OR PRESENTED IN A MANNER TO PROVOKE OR
AROUSE LUST OR PASSION OR TO EXPLOIT SEX, LUST OR PERVERSION FOR COMMER-
CIAL GAIN OR ANY ARTICLE OR INSTRUMENT CAPABLE OF  INDECENT  OR  IMMORAL
USE.
  SALE OR DISPLAY TO MINORS OF INDECENT MATERIALS IS A CLASS A MISDEMEA-
NOR.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.