Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Jan 22, 2009 |
referred to codes |
Senate Bill S971
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S971 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Add ยง245.12, Pen L
- Versions Introduced in 2011-2012 Legislative Session:
-
S2050
2009-S971 (ACTIVE) - Sponsor Memo
BILL NUMBER: S971 TITLE OF BILL : An act to amend the penal law, in relation to public distribution of offensive sexual material SUMMARY : This bill adds a new section 245.12 to the penal law. It states that if a person is found guilty of public distribution of offensive sexual material he/she will be found guilty of a Class A misdemeanor punishable by a fine not to exceed $100 for each violation of this section. Offensive sexual material is that material which depicts any pictorial or other visual representation of a person or portion of the human body which appeals to the prurient interest in sex. JUSTIFICATION : In recent years, the introduction of "900" telephone numbers and telephone sex lines has been increasing. Many companies have been producing and distributing cards which contain these phone numbers while illustrating obscene pictures. These cards are appearing as litter in our streets, in front of our children's schools, and near houses of worship. This bill is a direct effort to decrease the
2009-S971 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 971 2009-2010 Regular Sessions I N S E N A T E January 22, 2009 ___________ Introduced by Sen. KRUGER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to public distribution of offensive sexual material THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The penal law is amended by adding a new section 245.12 to read as follows: S 245.12 PUBLIC DISTRIBUTION OF OFFENSIVE SEXUAL MATERIAL. A PERSON IS GUILTY OF PUBLIC DISTRIBUTION OF OFFENSIVE SEXUAL MATERIAL WHEN, WITH KNOWLEDGE OF ITS CHARACTER OR CONTENT, HE OR SHE PUBLICLY DISTRIBUTES WITHOUT CHARGE ANY PICTORIAL OR OTHER VISUAL REPRESENTATION OF A PERSON OR PORTION OF THE HUMAN BODY THAT PREDOMINANTLY APPEALS TO THE PRURIENT INTEREST IN SEX, AND THAT: (A) DEPICTS NUDITY, OR ACTUAL OR SIMULATED SEXUAL CONDUCT OR SADO-MA- SOCHISTIC ABUSE; OR (B) DEPICTS OR APPEARS TO DEPICT NUDITY, OR ACTUAL OR SIMULATED SEXUAL CONDUCT OR SADO-MASOCHISTIC ABUSE, WITH THE AREA OF THE MALE OR FEMALE SUBJECT'S UNCLOTHED OR APPARENTLY UNCLOTHED GENITALS, PUBIC AREA OR BUTTOCKS, OR OF THE FEMALE SUBJECT'S UNCLOTHED OR APPARENTLY UNCLOTHED BREAST, OBSCURED BY A COVERING OR A MARK PLACED OR PRINTED ON OR IN FRONT OF THE MATERIAL DISPLAYED, OR OBSCURED OR ALTERED IN ANY OTHER MANNER. PUBLIC DISTRIBUTION OF OFFENSIVE SEXUAL MATERIAL IS A CLASS A MISDE- MEANOR, AND SHALL ALSO BE PUNISHABLE BY A FINE NOT TO EXCEED ONE HUNDRED DOLLARS FOR EACH VIOLATION OF THIS SECTION. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06655-01-9
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