S T A T E   O F   N E W   Y O R K
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                                  3743

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 3, 2011
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to public display  of  offen-
  sive sexual material

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

  Section 1. Legislative declaration. The  legislature  hereby  declares
that  pictorial  images of offensive sexual materials are being distrib-
uted to minors. It is the objective of the provisions  of  this  act  to
prevent the dissemination of such images to the possession of minors.
  S 2. Section 245.11 of the penal law, as amended by chapter 231 of the
laws of 1985, is amended to read as follows:
S 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 SHE:
  1. 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, side-
walk  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 limit-
ed  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-ma-
sochistic 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09816-02-1
              

S. 3743                             2

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[.]; OR
  2. PROMOTES, DISTRIBUTES OR DISSEMINATES, IN ANY PLACE  ACCESSIBLE  TO
MEMBERS OF THE PUBLIC WITHOUT FEE, OR OTHER LIMIT OR CONDITION OF ADMIS-
SION OR OBTAINMENT, SUCH AS A MINIMUM AGE REQUIREMENT, AND INCLUDING BUT
NOT  LIMITED TO SCHOOLS, PLACES OF AMUSEMENT, PARKS AND PLAYGROUNDS, 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-MA-
SACHISTIC 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] CLASS A
misdemeanor.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.