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N.Y. Penal Law § 235.20

Disseminating indecent material to minors; definitions of terms

2014-09-22

§ 235.20 Disseminating indecent material to minors; definitions of\nterms.\n The following definitions are applicable to sections 235.21, 235.22,\n235.23 and 235.24 of this article:\n 1. "Minor" means any person less than seventeen years old.\n 2. "Nudity" means the showing of the human male or female genitals,\npubic area or buttocks with less than a full opaque covering, or the\nshowing of the female breast with less than a fully opaque covering of\nany portion thereof below the top of the nipple, or the depiction of\ncovered male genitals in a discernably turgid state.\n 3. "Sexual conduct" means acts of masturbation, homosexuality, sexual\nintercourse, or physical contact with a person's clothed or unclothed\ngenitals, pubic area, buttocks or, if such person be a female, breast.\n 4. "Sexual excitement" means the condition of human male or female\ngenitals when in a state of sexual stimulation or arousal.\n 5. "Sado-masochistic abuse" means flagellation or torture by or upon\na person clad in undergarments, a mask or bizarre costume, or the\ncondition of being fettered, bound or otherwise physically restrained on\nthe part of one so clothed.\n 6. "Harmful to minors" means that quality of any description or\nrepresentation, in whatever form, of nudity, sexual conduct, sexual\nexcitement, or sado-masochistic abuse, when it:\n (a) Considered as a whole, appeals to the prurient interest in sex of\nminors; and\n (b) Is patently offensive to prevailing standards in the adult\ncommunity as a whole with respect to what is suitable material for\nminors; and\n (c) Considered as a whole, lacks serious literary, artistic,\npolitical and scientific value for minors.\n 7. The term "access software" means software (including client or\nserver software) or enabling tools that do not create or provide the\ncontent of the communication but that allow a user to do any one or more\nof the following:\n (a) filter, screen, allow or disallow content;\n (b) pick, choose, analyze or digest content; or\n (c) transmit, receive, display, forward, cache, search, subset,\norganize, reorganize or translate content.\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.