new york penal law 245 11 public display of offensive sexual mat

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.

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Legal Scenario: What Would You Do?

Scenario

You own a small newsstand in Manhattan and recently began selling imported art magazines that feature nude photography. A police officer visited your shop and warned you that some of the magazine covers visible from the sidewalk could violate New York Penal Law 245.11.

Could I really face criminal charges just for displaying these magazines where passersby can see them?

Attorney's Answer

Under NY Penal Law 245.11, it is a misdemeanor to knowingly display offensive sexual material in a window, showcase, or other location visible to the public from a sidewalk or street. A conviction can result in up to one year in jail and fines. However, a strong defense may focus on whether the material meets the statute's specific definition of 'offensive sexual material' under Penal Law 245.10, which requires that the images appeal to prurient interest and lack serious literary, artistic, or scientific value. An experienced attorney can also challenge whether First Amendment protections apply to the artistic content of the magazines in question.

This is general information only. Contact us for advice specific to your situation.

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