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Obscenity

Obscenity laws in New York, as in many jurisdictions, are designed to regulate and prohibit the distribution, production, and possession of materials that are considered obscene. Obscenity is generally defined as material that appeals to prurient interests, lacks serious literary, artistic, political, or scientific value, and violates community standards.

Obscenity Lawyer in Nassau County, New York

Obscenity laws are complex and it takes a skilled legal representative to provide adequate representation in and out of the courtroom.

The Law Office of Stephanie Selloni represents clients for traffic charges throughout Nassau County and Suffolk County including the towns, villages and cities of Riverhead, Garden City, Stony Brook, Westbury, Glen Cove, and Hempstead.

Call (516) 972-1212 or simply submit an online contact form for more information.

Information on Obscenity in New York

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What Are the Obscenity Laws in New York?

In New York, the relevant statutes related to obscenity can be found in the New York Penal Law. The specific section addressing obscenity is Article 235.00, which includes Obscenity in the third degree  (Penal Law § 235.05), Obscenity in the second degree (Penal Law § 235.06) and obscenity in the first degree (Penal Law § 235.07).
Obscenity is a loose term defined by the state and are challenged on a case-by-case basis. The elements in obscenity cases typically involve knowingly promoting or possessing obscene material with the intent to promote or distribute it. The determination of whether material is obscene usually involves a three-pronged test derived from the landmark Supreme Court case Miller v. California (1973).

The Miller test considers:

  • Whether the average person, applying contemporary community standards, would find that the material, as a whole, appeals to prurient interests.
  • Whether the material depicts or describes, in a patently offensive way, sexual conduct specifically defined by applicable state law.
  • Whether the material, taken as a whole, lacks serious literary, artistic, political, or scientific value.

Is Pornography Illegal in New York?

Strictly speaking, the possession of  “obscene materials”, including pornography of consenting adults, is not specified in New York’s Obscenity laws. However, what is illegal is the possession, creation and production of “obscene materials” with the intent to promote that material.

Selling and distributing this material without the proper licensing is illegal.

What Are the Enhancements for an Obscenity Charge?

Obscenity in the Third Degree – Obscenity in the third degree consists of promoting, possessing, or producing an obscene performance. This is a Class A Misdemeanor

Obscenity in the Second Degree – Obscenity charges may be enhanced to the second degree if the defendant is a repeat offender. This is a Class E Felony.

Obscenity in the First Degree – The wholesale promotion or possession with the intent to wholesale obscene material is required for a first-degree offense. This means that one must have a large collection of obscene, including pornographic materials, with the intent to distribute or sell them. This is a Class D Felony.

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Penalties

Class A Misdemeanor – These crimes are punishable from 0-1 year in jail.
Class E Felony – These crimes are punishable from 0 – 4 years, depending on repeat offenses.
Class D Felony – These crimes are punishable from 0 -7 years, depending on repeat offenses.

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Defenses

Defending against obscenity charges in New York can involve various legal strategies depending on the specific circumstances of the case. It’s essential to consult with an experienced criminal defense attorney to determine the most appropriate defense strategy tailored to the facts at hand. Here are some common defenses that may be employed in obscenity cases:

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Hire an Obscenity Defense Lawyer in Nassau County, New York

The Law Office of Stephanie Selloni represents clients for traffic charges throughout Nassau County and Suffolk County including the towns, villages and cities of Riverhead, Garden City, Stony Brook, Westbury, Glen Cove, and Hempstead.

Call (516) 972-1212 or simply submit an online contact form for more information.

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