new york penal law 245 11 public display of offensive sexual mat.
Learn what constitutes public display of offensive sexual material under NY Penal Law 245.11, including definitions, penalties, and legal defenses. Find out what to do if charged, potential consequences, and how to choose the right New York criminal defense attorney for these misdemeanor charges.
Being charged under New York's public display of offensive sexual material law can lead to criminal penalties. NY Penal Law 245.11 makes it illegal to publicly display certain sexually explicit images. Let's break down this statute, potential sentences, and legal defenses.
What is Public Display of Offensive Sexual Material?
According to NY Penal Law Article 245, a person is guilty of public display of offensive sexual material when they display or permit display of images that:
- Depict nudity, sexual conduct, or sado-masochistic abuse
- Appear to depict nudity, sexual conduct, or sado-masochistic abuse with unclothed genitals, pubic area, or female breasts
In a place easily visible from public areas like streets, sidewalks, transportation facilities, parks, etc. This includes store windows, racks, showcases, walls, doors, billboards, and screens.
For example, an adult video store publicly displaying graphic pornographic images could potentially face charges under this statute.
Penalties for Publicly Displaying Offensive Sexual Material
Public display of offensive sexual material is a Class A misdemeanor in New York. Potential penalties if convicted include:
- Up to 1 year in jail
- Up to $1,000 in fines
- Probation up to 3 years
- Permanent criminal record
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