S T A T E O F N E W Y O R K
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6454
2009-2010 Regular Sessions
I N A S S E M B L Y
March 4, 2009
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Introduced by M. of A. ORTIZ, P. RIVERA, COLTON -- Multi-Sponsored by --
M. of A. J. RIVERA -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to prohibiting the display of
pornographic magazines or materials by street vendors in cities of one
million or more
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 410.05 to
read as follows:
S 410.05 PUBLIC DISPLAY OF PORNOGRAPHIC MAGAZINES OR MATERIALS BY STREET
VENDORS.
1. IT SHALL BE UNLAWFUL FOR STREET VENDORS IN CITIES OF ONE MILLION
OR MORE TO DISPLAY PORNOGRAPHIC MAGAZINES OR MATERIALS.
2. FOR PURPOSES OF THIS SECTION ONLY, PORNOGRAPHIC MAGAZINES OR MATE-
RIALS, ARE DEFINED AS MAGAZINES OR MATERIALS SHOWING ACTS OF SEXUAL
INTERCOURSE OR ACTS OF SEXUAL PERVERSION. THIS SECTION SHALL NOT BE
CONSTRUED AS APPLYING TO BONA FIDE MEDICAL PHOTOGRAPHS OR MATERIALS.
3. A VIOLATION OF THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION
SHALL BE PUNISHABLE BY A FINE OF ONE HUNDRED DOLLARS, A SECOND VIOLATION
BY A FINE OF TWO HUNDRED FIFTY DOLLARS, AND FOR A THIRD OR SUBSEQUENT
VIOLATION BY SUSPENSION OF SUCH VENDOR'S LICENSE.
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.
LBD09919-01-9