1. The Laws of New York
  2. Consolidated Laws
  3. Penal
  4. Part 3: Specific Offenses
  5. Title M: Offenses Against Public Health and Morals
  6. Article 235: Obscenity and Related Offenses


Section 235.10 Obscenity; presumptions

Penal (PEN)

  1. A person who promotes or wholesale promotes obscene material, or possesses the same with intent to promote or wholesale promote it, in the course of his business is presumed to do so with knowledge of its content and character.

  2. A person who possesses six or more identical or similar obscene articles is presumed to possess them with intent to promote the same.

  The provisions of this section shall not apply to public libraries or association libraries as defined in subdivision two of section two hundred fifty-three of the education law, or trustees or employees of such public libraries or association libraries when acting in the course and scope of their duties or employment.