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This entry was published on 2014-09-22
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SECTION 245.11
Public display of offensive sexual material
Penal (PEN) CHAPTER 40, PART 3, TITLE N, ARTICLE 245
§ 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
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, sidewalk 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
limited 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-masochistic 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 A misdemeanor.