Bill Text: NY S02050 | 2011-2012 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-01-18 - REFERRED TO CODES [S02050 Detail]

Download: New_York-2011-S02050-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2050
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 18, 2011
                                      ___________
       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:
    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 DISTRIBUTION OF OFFENSIVE SEXUAL MATERIAL.
    4    A PERSON IS GUILTY OF PUBLIC DISTRIBUTION OF OFFENSIVE SEXUAL MATERIAL
    5  WHEN,  WITH  KNOWLEDGE  OF  ITS CHARACTER OR CONTENT, HE OR SHE PUBLICLY
    6  DISTRIBUTES WITHOUT CHARGE ANY PICTORIAL OR OTHER VISUAL  REPRESENTATION
    7  OF  A  PERSON OR PORTION OF THE HUMAN BODY THAT PREDOMINANTLY APPEALS TO
    8  THE PRURIENT INTEREST IN SEX, AND THAT:
    9    (A) DEPICTS NUDITY, OR ACTUAL OR SIMULATED SEXUAL CONDUCT OR  SADO-MA-
   10  SOCHISTIC ABUSE; OR
   11    (B) DEPICTS OR APPEARS TO DEPICT NUDITY, OR ACTUAL OR SIMULATED SEXUAL
   12  CONDUCT  OR  SADO-MASOCHISTIC ABUSE, WITH THE AREA OF THE MALE OR FEMALE
   13  SUBJECT'S UNCLOTHED OR APPARENTLY  UNCLOTHED  GENITALS,  PUBIC  AREA  OR
   14  BUTTOCKS,  OR  OF THE FEMALE SUBJECT'S UNCLOTHED OR APPARENTLY UNCLOTHED
   15  BREAST, OBSCURED BY A COVERING OR A MARK PLACED  OR  PRINTED  ON  OR  IN
   16  FRONT  OF  THE  MATERIAL  DISPLAYED, OR OBSCURED OR ALTERED IN ANY OTHER
   17  MANNER.
   18    PUBLIC DISTRIBUTION OF OFFENSIVE SEXUAL MATERIAL IS A CLASS  A  MISDE-
   19  MEANOR, AND SHALL ALSO BE PUNISHABLE BY A FINE NOT TO EXCEED ONE HUNDRED
   20  DOLLARS FOR EACH VIOLATION OF THIS SECTION.
   21    S 2. This act shall take effect on the first of November next succeed-
   22  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.
                                                                  LBD06818-01-1