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new york penal law 245 05 offensive exhibition

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NY Penal Law 245.05 Offensive Exhibition

Public decency laws exist for a reason. But sometimes the line between free expression and offensive behavior gets blurry. If you’ve been accused of violating New York Penal Law 245.05 on offensive exhibition, you need to understand the law and possible defenses.

What is Offensive Exhibition in NY?

NY Penal Law 245.05 states that a person is guilty of offensive exhibition when they[1][2][3]:

  • Knowingly operate, manage, or furnish premises for an obscene performance
  • Promote or participate in such a performance
  • Allow a minor to participate in such a performance

An obscene performance displays human genitals in a lewd manner. Nudity alone does not qualify. There must be focus on private parts and intent to shock or arouse[4][5].

Penalties if Convicted

Offensive exhibition is a violation under NY law, with possible penalties[6]:

  • Up to 15 days in jail
  • Fines up to $250
  • A criminal record

Penalties increase for repeat offenders. Additional charges are also possible if minors were involved.

Defending Against Offensive Exhibition Charges

Viable defenses to NY Penal Law 245.05 charges include[4]:

  • The performance was not obscene by legal standards
  • You were not involved in planning or promoting the performance
  • You were unaware minors would be present
  • The charges violate your First Amendment rights

An experienced criminal defense attorney can argue these defenses and protect your rights.

Why Hire a NY Criminal Defense Lawyer?

Fighting offensive exhibition charges yourself is risky. A lawyer can help by:

  • Negotiating dismissal of charges with the prosecutor
  • Navigating the criminal justice system on your behalf
  • Gathering evidence and witness statements for your defense
  • Securing experts to analyze obscenity issues
  • Filing motions to suppress illegally obtained evidence

Don’t go it alone against the state. Hire a lawyer to even the odds.

Choosing the Right Lawyer for Your Case

Look for a New York criminal defense lawyer who:

  • Focuses on sex and public decency crimes
  • Has experience defending NY Penal Law 245.05 cases
  • Is familiar with local courts and prosecutors
  • Is comfortable taking cases to trial if needed
  • You feel you can trust and afford

Shop around and find the best lawyer for you.

Even minor criminal charges can disrupt your life and reputation. But a good lawyer can often get them dismissed or reduced. Don’t go it alone against prosecutors aiming for conviction.

Contact an experienced NY criminal defense attorney immediately if facing charges under Penal Law 245.05. They’ll review your case at no cost and build the strongest defense. With an expert lawyer negotiating for you, the odds of avoiding penalties increase dramatically.

Protect your rights and future. Call a knowledgeable New York lawyer today.

References

[1] NY Penal Law 245.05

[2] NY Penal Law 245.05 Casetext

[3] NY Penal Law 245.05 NY Senate

[4] Offensive Exhibition Explained

[5] NY Penal Law 245.05 LawServer

[6] Penalties for Offensive Exhibition Conviction

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