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Assembly Bill A6270

2009-2010 Legislative Session

Establishes the crime of vehicular display of obscenity, a class A misdemeanor

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Archive: Last Bill Status - In Assembly Committee

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2009-A6270 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยงยง235.30 & 235.35, Pen L

2009-A6270 (ACTIVE) - Summary

Establishes the crime of vehicular display of obscenity, a class A misdemeanor.

2009-A6270 (ACTIVE) - Bill Text download pdf 

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

                                  6270

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 27, 2009
                               ___________

Introduced  by M. of A. BARRA -- read once and referred to the Committee
  on Codes

AN ACT to amend the penal law, in relation to making  vehicular  display
  of obscenity a class A misdemeanor

  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 two new sections  235.30
and 235.35 to read as follows:
S 235.30 VEHICULAR DISPLAY OF OBSCENITY; DEFINITION OF TERMS.
  FOR  PURPOSES  OF  SECTION 235.35 OF THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1.  "OBSCENE" SHALL MEAN ANY MATERIAL THAT THE  AVERAGE  PERSON  WOULD
FIND OFFENSIVE TO ACCEPTED STANDARDS OF DECENCY OR MODESTY;
  2.  "MATERIAL"  SHALL MEAN ANYTHING TANGIBLE WHICH IS CAPABLE OF BEING
USED OR ADAPTED TO AROUSE INTEREST, WHETHER THROUGH THE MEDIUM OF  READ-
ING, OBSERVATION, SOUND OR IN ANY OTHER MANNER; AND
  3. "DISPLAY" SHALL MEAN ANY MANNER IN WHICH MATERIAL MAY BE MADE VIEW-
ABLE BY ANY PERSON OUTSIDE OF A MOTOR VEHICLE.
S 235.35 VEHICULAR DISPLAY OF OBSCENITY.
  A PERSON IS GUILTY OF VEHICULAR DISPLAY OF OBSCENITY WHEN, WHILE OPER-
ATING A MOTOR VEHICLE OR TRAVELING AS A PASSENGER IN A MOTOR VEHICLE, HE
OR  SHE,  KNOWING  ITS  CONTENT AND CHARACTER, DISPLAYS OR PERMITS TO BE
DISPLAYED ANY OBSCENE MATERIAL.
  VEHICULAR DISPLAY OF OBSCENITY IS A CLASS A MISDEMEANOR.
  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.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07760-01-9

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