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BDSM and The Law

 
New York

This is NOT legal advice.

If you live in New York  ask your Legislator to change these laws

Age of Consent in New York  is 18  


Penal Law ARTICLE 235 OBSCENITY AND RELATED OFFENSES Section 235.00 Obscenity; definitions of terms. 235.05 Obscenity in the third degree. 235.06 Obscenity in the second degree. 235.07 Obscenity in the first degree. 235.10 Obscenity; presumptions. 235.15 Obscenity or disseminating indecent material to minors in the second degree; defense. 235.20 Disseminating indecent material to minors; definitions of terms. 235.21 Disseminating indecent material to minors in the second degree. 235.22 Disseminating indecent material to minors in the first degree. 235.23 Disseminating indecent material to minors; presumption and defenses. 235.24 Disseminating indecent material to minors; limitations. S 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: sexual intercourse, criminal sexual act, 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 specially 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. S 235.05 Obscenity in the third degree. A person is guilty of obscenity in the third degree when, knowing its content and character, he: 1. Promotes, or possesses with intent to promote, any obscene material; or 2. Produces, presents or directs an obscene performance or participates in a portion thereof which is obscene or which contributes to its obscenity. Obscenity in the third degree is a class A misdemeanor. 

S 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. 

S 235.07 Obscenity in the first degree. A person is guilty of obscenity in the first degree when, knowing its content and character, he wholesale promotes or possesses with intent to wholesale promote, any obscene material. Obscenity in the first degree is a class D felony. S 235.10 Obscenity; presumptions. 1. A person who promotes or wholesale promotes obscene material, or possesses the same with intent to promote or wholesale promote it, in the course of his business is presumed to do so with knowledge of its content and character. 2. A person who possesses six or more identical or similar obscene articles is presumed to possess them with intent to promote the same. The provisions of this section shall not apply to public libraries or association libraries as defined in subdivision two of section two hundred fifty-three of the education law, or trustees or employees of such public libraries or association libraries when acting in the course and scope of their duties or employment. S 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. 

 ARTICLE 230
PROSTITUTION OFFENSES

Section 230.00 Prostitution.
230.02 Patronizing a prostitute; definitions.
230.03 Patronizing a prostitute in the fourth degree.
230.04 Patronizing a prostitute in the third degree.
230.05 Patronizing a prostitute in the second degree.
230.06 Patronizing a prostitute in the first degree.
230.07 Patronizing a prostitute; defense.
230.10 Prostitution and patronizing a prostitute; no defense.
230.15 Promoting prostitution; definitions of terms.
230.20 Promoting prostitution in the fourth degree.
230.25 Promoting prostitution in the third degree.
230.30 Promoting prostitution in the second degree.
230.32 Promoting prostitution in the first degree.
230.35 Promoting prostitution; accomplice.
230.40 Permitting prostitution.

S 230.00 Prostitution.
A person is guilty of prostitution when such person engages or agrees
or offers to engage in sexual conduct with another person in return for
a fee.
Prostitution is a class B Misdemeanor.

S 230.02 Patronizing a prostitute; definitions.
1. A person patronizes a prostitute when:
(a) Pursuant to a prior understanding, he pays a fee to another person
as compensation for such person or a third person having engaged in
sexual conduct with him; or
(b) He pays or agrees to pay a fee to another person pursuant to an
understanding that in return therefor such person or a third person will
engage in sexual conduct with him; or
(c) He solicits or requests another person to engage in sexual conduct
with him in return for a fee.
2. As used in this article, "person who is patronized" means the
person with whom the defendant engaged in sexual conduct or was to have
engaged in sexual conduct pursuant to the understanding, or the person
who was solicited or requested by the defendant to engage in sexual
conduct.

S 230.03 Patronizing a prostitute in the fourth degree.
A person is guilty of patronizing a prostitute in the fourth degree
when he patronizes a prostitute.
Patronizing a prostitute in the fourth degree is a class B
misdemeanor.

S 230.04 Patronizing a prostitute in the third degree.
A person is guilty of patronizing a prostitute in the third degree
when, being over twenty-one years of age, he patronizes a prostitute and
the person patronized is less than seventeen years of age.
Patronizing a prostitute in the third degree is a class A misdemeanor.

S 230.05 Patronizing a prostitute in the second degree.
A person is guilty of patronizing a prostitute in the second degree
when, being over eighteen years of age, he patronizes a prostitute and
the person patronized is less than fourteen years of age.
Patronizing a prostitute in the second degree is a class E felony.

S 230.06 Patronizing a prostitute in the first degree.
A person is guilty of patronizing a prostitute in the first degree
when he patronizes a prostitute and the person patronized is less than
eleven years of age.
Patronizing a prostitute in the first degree is a class D felony.

S 230.07 Patronizing a prostitute; defense.
In any prosecution for patronizing a prostitute in the first, second
or third degrees, it is a defense that the defendant did not have
reasonable grounds to believe that the person was less than the age
specified.

S 230.10 Prostitution and patronizing a prostitute; no defense.
In any prosecution for prostitution or patronizing a prostitute, the
sex of the two parties or prospective parties to the sexual conduct
engaged in, contemplated or solicited is immaterial, and it is no
defense that:
1. Such persons were of the same sex; or
2. The person who received, agreed to receive or solicited a fee was a
male and the person who paid or agreed or offered to pay such fee was a
female.

S 230.15 Promoting prostitution; definitions of terms.
The following definitions are applicable to this article:
1. "Advance prostitution." A person "advances prostitution" when,
acting other than as a prostitute or as a patron thereof, he knowingly
causes or aids a person to commit or engage in prostitution, procures or
solicits patrons for prostitution, provides persons or premises for
prostitution purposes, operates or assists in the operation of a house
of prostitution or a prostitution enterprise, or engages in any other
conduct designed to institute, aid or facilitate an act or enterprise of
prostitution.
2. "Profit from prostitution." A person "profits from prostitution"
when, acting other than as a prostitute receiving compensation for
personally rendered prostitution services, he accepts or receives money
or other property pursuant to an agreement or understanding with any
person whereby he participates or is to participate in the proceeds of
prostitution activity.

S 230.20 Promoting prostitution in the fourth degree.
A person is guilty of promoting prostitution in the fourth degree when
he knowingly advances or profits from prostitution.
Promoting prostitution in the fourth degree is a class A misdemeanor.

S 230.25 Promoting prostitution in the third degree.
A person is guilty of promoting prostitution in the third degree when
he knowingly:
1. Advances or profits from prostitution by managing, supervising,
controlling or owning, either alone or in association with others, a
house of prostitution or a prostitution business or enterprise involving
prostitution activity by two or more prostitutes; or
2. Advances or profits from prostitution of a person less than
nineteen years old.
Promoting prostitution in the third degree is a class D felony.

S 230.30 Promoting prostitution in the second degree.
A person is guilty of promoting prostitution in the second degree when
he knowingly:
1. Advances prostitution by compelling a person by force or
intimidation to engage in prostitution, or profits from such coercive
conduct by another; or
2. Advances or profits from prostitution of a person less than sixteen
years old.
Promoting prostitution in the second degree is a class C felony.

S 230.32 Promoting prostitution in the first degree.
A person is guilty of promoting prostitution in the first degree when
he knowingly advances or profits from prostitution of a person less than
eleven years old.
Promoting prostitution in the first degree is a class B felony.

S 230.35 Promoting prostitution; accomplice.
In a prosecution for promoting prostitution, a person less than
seventeen years of age from whose prostitution activity another person
is alleged to have advanced or attempted to advance or profited or
attempted to profit shall not be deemed to be an accomplice.

S 230.40 Permitting prostitution.
A person is guilty of permitting prostitution when, having possession
or control of premises which he knows are being used for prostitution
purposes, he fails to make reasonable effort to halt or abate such use.
Permitting prostitution is a class B misdemeanor.

 

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