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Assembly Bill A6437A

2011-2012 Legislative Session

Includes in the class A misdemeanor of obscenity in the third degree the distribution or dissemination of obscene material

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2011-A6437 - Details

See Senate Version of this Bill:
S3743
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§235.00 & 236.05, Pen L

2011-A6437 - Summary

Includes in the class A misdemeanor of obscenity in the third degree the distribution or dissemination of obscene material; expands the definition of "obscene" to include nudity, and lewd exhibition of the pubic area, buttocks or an unclothed female breast.

2011-A6437 - Bill Text download pdf 

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

                                  6437

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 16, 2011
                               ___________

Introduced  by  M. of A. MOYA -- read once and referred 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

co-Sponsors

multi-Sponsors

2011-A6437A (ACTIVE) - Details

See Senate Version of this Bill:
S3743
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§235.00 & 236.05, Pen L

2011-A6437A (ACTIVE) - Summary

Includes in the class A misdemeanor of obscenity in the third degree the distribution or dissemination of obscene material; expands the definition of "obscene" to include nudity, and lewd exhibition of the pubic area, buttocks or an unclothed female breast.

2011-A6437A (ACTIVE) - Bill Text download pdf 

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

                                 6437--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 16, 2011
                               ___________

Introduced  by  M.  of A. MOYA, DenDEKKER, BRAUNSTEIN, WEPRIN, CRESPO --
  Multi-Sponsored by -- M. of A. COOK, KATZ, MENG, ROBINSON -- read once
  and referred to the Committee on Codes -- committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the penal law, in relation to distribution  and  dissem-
  ination of obscene material

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

  Section 1. Subdivision 1 of  section  235.00  of  the  penal  law,  as
amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
follows:
  1. "Obscene." Any material or performance  is  "obscene"  if  (a)  the
average  person,  applying  contemporary community standards, would find
that considered as a whole, its predominant appeal is  to  the  prurient
interest in sex, and (b) it depicts or describes in a patently offensive
manner,  actual  or  simulated: sexual intercourse, criminal sexual act,
sexual bestiality, NUDITY, masturbation, sadism, masochism, excretion or
lewd  exhibition  of  the  genitals,  PUBIC  AREA,  BUTTOCKS,  A  FEMALE
SUBJECT'S  UNCLOTHED  BREAST,  and  (c)  considered as a whole, it lacks
serious literary, artistic, political, and scientific value. Predominant
appeal shall be judged with  reference  to  ordinary  adults  unless  it
appears  from  the character of the material or the circumstances of its
dissemination to be designed for children or other specially susceptible
audience.
  S 2. Subdivision 1 of section 235.05 of the penal law, as  amended  by
chapter 649 of the laws of 1982, is amended to read as follows:
  1.  Promotes,  DISTRIBUTES,  DISSEMINATES, or possesses with intent to
promote, DISTRIBUTE OR DISSEMINATE, any obscene material; or
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09816-04-1

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