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STATE OF NEW YORK
________________________________________________________________________

3439

2011-2012 Regular Sessions

IN ASSEMBLY

January 25, 2011
___________

Introduced by M. of A. CALHOUN -- Multi-Sponsored by -- M. of A. CROUCH,
  OAKS, TEDISCO -- read once and referred to the Committee on Codes

AN  ACT to amend the penal law, in relation to sale or display to minors
  of indecent materials

  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 260.35
to read as follows:
S 260.35 SALE OR DISPLAY TO MINORS OF INDECENT MATERIALS.
  A. FOR THE PURPOSES OF THIS SECTION:
  1. "DESCRIPTION OR DEPICTIONS OF ILLICIT  SEX  OR  SEXUAL  IMMORALITY"
SHALL MEAN:
  (A) HUMAN GENITALS IN A STATE OF SEXUAL STIMULATION OR AROUSAL;
  (B) ACTS OF HUMAN MASTURBATION, SEXUAL INTERCOURSE OR SODOMY; AND
  (C) FONDLING OR OTHER EROTIC TOUCHING OF HUMAN GENITALS, PUBIC REGION,
BUTTOCK OR FEMALE BREAST.
  2. "NUDE OR PARTIALLY DENUDED FIGURES" SHALL MEAN:
  (A)  LESS THAN COMPLETELY AND OPAQUELY COVERED:  HUMAN GENITALS, PUBIC
REGIONS, BUTTOCK AND IMMEDIATELY ABOVE THE TOP OF THE AREOLA; AND
  (B) HUMAN MALE  GENITALS  IN  A  DISCERNIBLY  TURGID  STATE,  EVEN  IF
COMPLETELY AND OPAQUELY COVERED.
  3.  "KNOWINGLY"  SHALL  MEAN  HAVING  KNOWLEDGE  OF  THE CHARACTER AND
CONTENT OF THE PUBLICATION OR FAILURE ON NOTICE TO  EXERCISE  REASONABLE
INSPECTION WHICH WOULD DISCLOSE THE CONTENT AND CHARACTER OF THE SAME.
  4.  "PERSON"  SHALL  MEAN AN INDIVIDUAL, FIRM, CORPORATION, COPARTNER-
SHIP, JOINT VENTURE, JOINT ADVENTURERS  OR  UNINCORPORATED  ASSOCIATION,
AND THE PLURAL AS WELL AS THE SINGULAR NUMBER.
  B. IT SHALL BE UNLAWFUL FOR ANY PERSON TO WILFULLY OR KNOWINGLY ENGAGE
IN  THE  BUSINESS OF SELLING, LENDING, GIVING AWAY, SHOWING, ADVERTISING
FOR SALE OR DISTRIBUTING TO ANY PERSON UNDER THE AGE OF SEVENTEEN  YEARS
OR  WHO HAS IN HIS POSSESSION WITH INTENT TO ENGAGE IN THE SAID BUSINESS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02745-01-1
A. 3439                             2

OR TO OTHERWISE OFFER FOR SALE OR COMMERCIAL DISTRIBUTION TO  ANY  INDI-
VIDUAL  UNDER  THE  AGE OF SEVENTEEN YEARS OR WHO SHALL DISPLAY AT NEWS-
STANDS OR ANY OTHER BUSINESS ESTABLISHMENT FREQUENTED  BY  MINORS  UNDER
THE AGE OF SEVENTEEN YEARS OR WHERE SAID MINORS ARE OR MAY BE INVITED AS
A PART OF THE GENERAL PUBLIC ANY MOTION PICTURE, OR ANY STILL PICTURE OR
PHOTOGRAPH  OR ANY BOOK, POCKET BOOK, PAMPHLET OR MAGAZINE, THE COVER OR
CONTENT OF WHICH EXPLOITS, IS DEVOTED TO, OR IS PRINCIPALLY MADE  UP  OF
DESCRIPTIONS  OR DEPICTIONS OF ILLICIT SEX OR SEXUAL IMMORALITY OR WHICH
IS LEWD, LASCIVIOUS OR INDECENT OR WHICH CONSISTS OF PICTURES OF NUDE OR
PARTIALLY DENUDED FIGURES POSED OR PRESENTED IN A MANNER TO  PROVOKE  OR
AROUSE LUST OR PASSION OR TO EXPLOIT SEX, LUST OR PERVERSION FOR COMMER-
CIAL  GAIN  OR  ANY ARTICLE OR INSTRUMENT CAPABLE OF INDECENT OR IMMORAL
USE.
  SALE OR DISPLAY TO MINORS OF INDECENT MATERIALS IS A CLASS A MISDEMEA-
NOR.
  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.