New York statute
N.Y. Penal Law § 235.15 — Obscenity or disseminating indecent material to minors in the second degree; defense
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 235: Obscenity and Related Offenses, New York Penal Law.
Full text of N.Y. Penal Law § 235.15
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
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 sources
Legal terms used in this section
This reference is informational and is not legal advice.