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This entry was published on 2014-09-22
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SECTION 235.10
Obscenity; presumptions
Penal (PEN) CHAPTER 40, PART 3, TITLE M, ARTICLE 235
§ 235.10 Obscenity; presumptions.

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.