Senate Bill S971

2009-2010 Legislative Session

Criminalizes public distribution of offensive sexual material

download bill text pdf

Sponsored By

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

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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) - Summary

Creates the crime of public distribution of offensive sexual material; makes the public distribution of offensive sexual material without charge a class A misdemeanor punishable by a fine not to exceed $100 for each violation.

2009-S971 (ACTIVE) - Sponsor Memo

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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