Bill Text: NY A03321 | 2015-2016 | General Assembly | Introduced

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Bill Title: Establishes the offense of public display of a blurred sexual advertisement prohibiting any sex-related business from using an advertisement that shows body parts, but not the face of the person in the ad.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to codes [A03321 Detail]

Download: New_York-2015-A03321-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3321
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 22, 2015
                                      ___________
       Introduced by M. of A. WEPRIN -- read once and referred to the Committee
         on Codes
       AN  ACT  to amend the penal law, in relation to establishing the offense
         of public display of a blurred sexual advertisement
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The penal law is amended by adding a new section 245.12 to
    2  read as follows:
    3  S 245.12 PUBLIC DISPLAY OF A BLURRED SEXUAL ADVERTISEMENT.
    4    (A) A PERSON IS GUILTY OF PUBLIC DISPLAY OF A  BLURRED  SEXUAL  ADVER-
    5  TISEMENT  WHEN,  WITH  KNOWLEDGE OF HIS CHARACTER AND CONTENT, HE OR SHE
    6  DISPLAYS, PUBLISHES, DISSEMINATES, CIRCULATES, PLACES BEFORE THE  PUBLIC
    7  OR  CAUSES,  DIRECTLY OR INDIRECTLY, TO BE DISPLAYED, PUBLISHED, DISSEM-
    8  INATED, CIRCULATED OR PLACED BEFORE THE PUBLIC  IN  OR  ON  ANY  WINDOW,
    9  SHOWCASE, NEWSSTAND, DISPLAY RACK, WALL, DOOR, BILLBOARD, DISPLAY BOARD,
   10  VIEWING  SCREEN,  MOVING  PICTURE  SCREEN, MARQUEE, NEWSPAPER, MAGAZINE,
   11  PAMPHLET, BOOKLET, WEBSITE, PUBLICATION OR SIMILAR PLACE, IN THIS STATE,
   12  ANY PICTORIAL, THREE-DIMENSIONAL OR  OTHER  VISUAL  ADULT  ENTERTAINMENT
   13  ADVERTISEMENT  DEPICTING A PERSON OR A PORTION OF THE HUMAN BODY WITHOUT
   14  REVEALING THE ENTIRE FACE OF SUCH PERSON.
   15    (B) FOR THE PURPOSES OF THIS SECTION, THE  TERM  "ADULT  ENTERTAINMENT
   16  ADVERTISEMENT"  SHALL MEAN AN ADVERTISEMENT FOR ANY PERSON, FIRM, CORPO-
   17  RATION OR ASSOCIATION THAT OWNS OR OPERATES ANYTHING SEX-RELATED INCLUD-
   18  ING, BUT NOT LIMITED TO ANY:
   19    (I) STRIP CLUB, GENTLEMAN'S  CLUB,  OR  ESTABLISHMENT  WHICH  FEATURES
   20  DANCERS THAT ARE DISPLAYED IN SUCH MANNER OR ATTIRE AS TO EXPOSE TO VIEW
   21  ANY  PORTION  OF  THE  PUBIC AREA, ANUS, VULVA OR GENITALS, OR ANY SIMU-
   22  LATION THEREOF, OR PERMIT ANY FEMALE TO APPEAR IN SUCH MANNER OR  ATTIRE
   23  AS  TO  EXPOSE  TO  VIEW  ANY PORTION OF THE BREAST BELOW THE TOP OF THE
   24  AREOLA;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07476-01-5
       A. 3321                             2
    1    (II) WEBSITE, INTERNET BUSINESS, MAGAZINE, NEWSPAPER OR OTHER PUBLICA-
    2  TION OR MOVIE, DVD OR VIDEO WITH PORNOGRAPHIC CONTENT WHICH  SHALL  MEAN
    3  ANY  STILL  OR MOTION PICTURE SHOWING ACTS OF SEXUAL INTERCOURSE OR ACTS
    4  OF SEXUAL PERVERSION. THIS SECTION SHALL NOT BE CONSTRUED AS APPLYING TO
    5  BONA FIDE MEDICAL PHOTOGRAPHS OR FILMS;
    6    (III) ADULT OR OVER-EIGHTEEN PHONE OR CHAT LINE; OR
    7    (IV) ADULT PERSONAL ADVERTISEMENT BUSINESS.
    8    PUBLIC  DISPLAY  OF A BLURRED SEXUAL ADVERTISEMENT IS A CLASS A MISDE-
    9  MEANOR.
   10    S 2. This act shall take effect immediately.