{"jurisdiction": "us-ny", "code": "penal", "section": "235.15", "citation": "Penal Law § 235.15", "heading": "Obscenity or disseminating indecent material to minors in the second degree; defense", "text": ["§ 235.15  Obscenity or disseminating indecent material to minors in the second degree; defense.", "1. In any prosecution for obscenity, or disseminating indecent material to minors in the second degree in violation of subdivision three of section 235.21 of this article, it is an affirmative defense that the persons to whom allegedly obscene  or indecent material was disseminated, or the audience to an allegedly obscene performance, consisted of persons or institutions having scientific, educational, governmental or other similar justification for possessing, disseminating or viewing the same.", "2.  In any prosecution for obscenity, it is an affirmative defense that the person so charged was a motion picture projectionist, stage employee or spotlight operator, cashier, doorman, usher, candy stand attendant, porter or in any other non-managerial or non-supervisory capacity in a motion picture theatre; provided he has no financial interest, other than his employment, which employment does not encompass compensation based upon any proportion of the gross receipts, in the promotion of obscene material for sale, rental or exhibition or in the promotion, presentation or direction of any obscene performance, or is in any way responsible for acquiring obscene material for sale, rental or exhibition."], "official_source": "https://www.nysenate.gov/legislation/laws/PEN/235.15", "from_official_api": true, "plain_english": "- **(1)** In any obscenity prosecution, or a prosecution for second-degree disseminating indecent material to minors under **§ 235.21(3)**, it is an **affirmative defense** that the recipients or audience were persons or institutions with a **scientific, educational, governmental, or similar justification** for possessing, disseminating, or viewing the material. ★\n- **(2)** In any obscenity prosecution, it is an **affirmative defense** that the defendant was a projectionist, stage employee, spotlight operator, cashier, doorman, usher, candy stand attendant, porter, or other **non-managerial or non-supervisory worker in a motion picture theatre**, provided the defendant has **no financial interest beyond employment** (and that employment is **not paid as a share of gross receipts**) in promoting obscene material or obscene performances, and is **not in any way responsible for acquiring** obscene material for sale, rental, or exhibition. ★", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/235.15", "publisher": "Elyphived LLC"}