Obscenity in the second degree · as in force on May 31, 2026
§ 235.06 Obscenity in the second degree.
A person is guilty of obscenity in the second degree when he commits the crime of obscenity in the third degree as defined in subdivisions one and two of section 235.05 of this chapter and has been previously convicted of obscenity in the third degree.
Obscenity in the second degree is a class E felony.
Committing third-degree obscenity as defined in § 235.05, subdivisions 1 and 2, after a prior conviction of third-degree obscenity is second-degree obscenity, a class E felony. ★
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.