Public-domain · open source
OpenJurist

N.Y. Penal Law § 235.15

Obscenity or disseminating indecent material to minors in the second degree; defense

Applied in 1 court decision — leading case People v. Sengupta (2014)

Most recently applied in People v. Sengupta (October 2014)

2014-09-22

§ 235.15 Obscenity or disseminating indecent material to minors in the\nsecond degree; defense.\n 1. In any prosecution for obscenity, or disseminating indecent\nmaterial to minors in the second degree in violation of subdivision\nthree of section 235.21 of this article, it is an affirmative defense\nthat the persons to whom allegedly obscene or indecent material was\ndisseminated, or the audience to an allegedly obscene performance,\nconsisted of persons or institutions having scientific, educational,\ngovernmental or other similar justification for possessing,\ndisseminating or viewing the same.\n 2. In any prosecution for obscenity, it is an affirmative defense\nthat the person so charged was a motion picture projectionist, stage\nemployee or spotlight operator, cashier, doorman, usher, candy stand\nattendant, porter or in any other non-managerial or non-supervisory\ncapacity in a motion picture theatre; provided he has no financial\ninterest, other than his employment, which employment does not encompass\ncompensation based upon any proportion of the gross receipts, in the\npromotion of obscene material for sale, rental or exhibition or in the\npromotion, presentation or direction of any obscene performance, or is\nin any way responsible for acquiring obscene material for sale, rental\nor exhibition.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.