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Assembly Bill A5320

2017-2018 Legislative Session

Establishes the offense of public display of a blurred sexual advertisement

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Archive: Last Bill Status - In Assembly Committee

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2017-A5320 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §245.12, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6171
2013-2014: A868
2015-2016: A3321

2017-A5320 (ACTIVE) - Summary

Establishes the offense of public display of a blurred sexual advertisement prohibiting any sex-related business from using an advertisement that shows body parts, but not the face of the person in the ad.

2017-A5320 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5320
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2017
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to amend the penal law, in relation to establishing the offense
   of public display of a blurred sexual advertisement
 
   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 245.12 to
 read as follows:
 § 245.12 PUBLIC DISPLAY OF A BLURRED SEXUAL ADVERTISEMENT.
   (A) A PERSON IS GUILTY OF PUBLIC DISPLAY OF A  BLURRED  SEXUAL  ADVER-
 TISEMENT  WHEN,  WITH  KNOWLEDGE OF HIS CHARACTER AND CONTENT, HE OR SHE
 DISPLAYS, PUBLISHES, DISSEMINATES, CIRCULATES, PLACES BEFORE THE  PUBLIC
 OR  CAUSES,  DIRECTLY OR INDIRECTLY, TO BE DISPLAYED, PUBLISHED, DISSEM-
 INATED, CIRCULATED OR PLACED BEFORE THE PUBLIC  IN  OR  ON  ANY  WINDOW,
 SHOWCASE, NEWSSTAND, DISPLAY RACK, WALL, DOOR, BILLBOARD, DISPLAY BOARD,
 VIEWING  SCREEN,  MOVING  PICTURE  SCREEN, MARQUEE, NEWSPAPER, MAGAZINE,
 PAMPHLET, BOOKLET, WEBSITE, PUBLICATION OR SIMILAR PLACE, IN THIS STATE,
 ANY PICTORIAL, THREE-DIMENSIONAL OR  OTHER  VISUAL  ADULT  ENTERTAINMENT
 ADVERTISEMENT  DEPICTING A PERSON OR A PORTION OF THE HUMAN BODY WITHOUT
 REVEALING THE ENTIRE FACE OF SUCH PERSON.
   (B) FOR THE PURPOSES OF THIS SECTION, THE  TERM  "ADULT  ENTERTAINMENT
 ADVERTISEMENT"  SHALL MEAN AN ADVERTISEMENT FOR ANY PERSON, FIRM, CORPO-
 RATION OR ASSOCIATION THAT OWNS OR OPERATES ANYTHING SEX-RELATED INCLUD-
 ING, BUT NOT LIMITED TO ANY:
   (I) STRIP CLUB, GENTLEMAN'S  CLUB,  OR  ESTABLISHMENT  WHICH  FEATURES
 DANCERS THAT ARE DISPLAYED IN SUCH MANNER OR ATTIRE AS TO EXPOSE TO VIEW
 ANY  PORTION  OF  THE  PUBIC AREA, ANUS, VULVA OR GENITALS, OR ANY SIMU-
 LATION THEREOF, OR PERMIT ANY FEMALE TO APPEAR IN SUCH MANNER OR  ATTIRE
 AS  TO  EXPOSE  TO  VIEW  ANY PORTION OF THE BREAST BELOW THE TOP OF THE
 AREOLA;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09502-01-7

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