{"jurisdiction": "us-ny", "code": "penal", "section": "235.00", "citation": "Penal Law § 235.00", "heading": "Obscenity; definitions of terms", "text": ["§ 235.00 Obscenity; definitions of terms.", "The following definitions are applicable to sections 235.05, 235.10 and 235.15:", "1. \"Obscene.\" Any material or performance is \"obscene\" if (a) the average person, applying contemporary community standards, would find that considered as a whole, its predominant appeal is to the prurient interest in sex, and (b) it depicts or describes in a patently offensive manner, actual or simulated: vaginal sexual contact, a crime under the former sections 130.50, 130.45, and 130.40 of the penal law, oral sexual contact, anal sexual contact, sexual bestiality, masturbation, sadism, masochism, excretion or lewd exhibition of the genitals, and (c) considered as a whole, it lacks serious literary, artistic, political, and scientific value. Predominant appeal shall be judged with reference to ordinary adults unless it appears from the character of the material or the circumstances of its dissemination to be designed for children or other especially susceptible audience.", "2. \"Material\" means anything tangible which is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound or in any other manner.", "3. \"Performance\" means any play, motion picture, dance or other exhibition performed before an audience.", "4. \"Promote\" means to manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmute, publish, distribute, circulate, disseminate, present, exhibit or advertise, or to offer or agree to do the same.", "5. \"Wholesale promote\" means to manufacture, issue, sell, provide, mail, deliver, transfer, transmute, publish, distribute, circulate, disseminate or to offer or agree to do the same for purposes of resale.", "6. \"Simulated\" means the explicit depiction or description of any of the types of conduct set forth in clause (b) of subdivision one of this section, which creates the appearance of such conduct.", "7. \" Criminal sexual act\" means any of the types of sexual conduct defined in subdivision two of section 130.00 provided, however, that in any prosecution under this article the marital status of the persons engaged in such conduct shall be irrelevant and shall not be considered."], "official_source": "https://www.nysenate.gov/legislation/laws/PEN/235.00", "from_official_api": true, "plain_english": "These definitions control **§§ 235.05, 235.10, and 235.15**.\n- **(1)** Material or a performance is **obscene** only if (a) the **average person, applying contemporary community standards**, would find that, as a whole, its predominant appeal is to the prurient interest in sex; (b) it patently offensively depicts or describes the listed sexual conduct, actual or simulated; and (c) as a whole it **lacks serious literary, artistic, political, and scientific value**. ★ Predominant appeal is judged by **ordinary adults** unless the material’s character or its distribution shows it is designed for children or another especially susceptible audience.\n- **(2)** **Material** is any tangible thing adaptable to arouse interest through reading, observation, sound, or another medium.\n- **(3)** A **performance** is a play, movie, dance, or other exhibition before an audience.\n- **(4)** **Promote** includes making, selling, giving, lending, publishing, distributing, presenting, exhibiting, advertising, or offering or agreeing to do so.\n- **(5)** **Wholesale promote** covers specified promotion done **for resale**.\n- **(6)** **Simulated** conduct explicitly depicts or describes listed conduct so that it appears to occur.\n- **(7)** **Criminal sexual act** means conduct defined in **§ 130.00(2)**; in prosecutions under this article, the participants’ **marital status is irrelevant**.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/235.00", "publisher": "Elyphived LLC"}