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New York · Through 2026-09-11

N.Y. Penal Law § 235.21: Disseminating indecent material to minors in the second degree

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Where this section sits in the code
  1. Penal Law
  2. Part 3. Specific Offenses
  3. Title M. Offenses Against Public Health and Morals
  4. Article 235. Obscenity and Related Offenses

§ 235.21 Disseminating indecent material to minors in the second degree.

A person is guilty of disseminating indecent material to minors in the

second degree when:

1. With knowledge of its character and content, he sells or loans to

a minor for monetary consideration:

(a) Any picture, photograph, drawing, sculpture, motion picture film,

or similar visual representation or image of a person or portion of the

human body which depicts nudity, sexual conduct or sado-masochistic

abuse and which is harmful to minors; or

(b) Any book, pamphlet, magazine, printed matter however reproduced,

or sound recording which contains any matter enumerated in paragraph (a)

hereof, or explicit and detailed verbal descriptions or narrative

accounts of sexual excitement, sexual conduct or sado-masochistic abuse

and which, taken as a whole, is harmful to minors; or

2. Knowing the character and content of a motion picture, show or

other presentation which, in whole or in part, depicts nudity, sexual

conduct or sado-masochistic abuse, and which is harmful to minors, he:

(a) Exhibits such motion picture, show or other presentation to a

minor for a monetary consideration; or

(b) Sells to a minor an admission ticket or pass to premises whereon

there is exhibited or to be exhibited such motion picture, show or other

presentation; or

(c) Admits a minor for a monetary consideration to premises whereon

there is exhibited or to be exhibited such motion picture show or other

presentation; or

3. Knowing the character and content of the communication which, in

whole or in part, depicts actual or simulated nudity, sexual conduct or

sado-masochistic abuse, and which is harmful to minors, he intentionally

uses any computer communication system allowing the input, output,

examination or transfer, of computer data or computer programs from one

computer to another, to initiate or engage in such communication with a

person who is a minor.

Disseminating indecent material to minors in the second degree is a

class E felony.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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