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new york penal law 245 05 offensive exhibition

 

NY Penal Law 245.05 Offensive Exhibition

Public decency laws exist for a reason. But sometimes the line between free expression and offensive behavior gets blurry. If you’ve been accused of violating New York Penal Law 245.05 on offensive exhibition, you need to understand the law and possible defenses.

What is Offensive Exhibition in NY?

NY Penal Law 245.05 states that a person is guilty of offensive exhibition when they[1][2][3]:

  • Knowingly operate, manage, or furnish premises for an obscene performance
  • Promote or participate in such a performance
  • Allow a minor to participate in such a performance

An obscene performance displays human genitals in a lewd manner. Nudity alone does not qualify. There must be focus on private parts and intent to shock or arouse[4][5].

Penalties if Convicted

Offensive exhibition is a violation under NY law, with possible penalties[6]:

  • Up to 15 days in jail
  • Fines up to $250
  • A criminal record

Penalties increase for repeat offenders. Additional charges are also possible if minors were involved.

Defending Against Offensive Exhibition Charges

Viable defenses to NY Penal Law 245.05 charges include[4]:

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2024-03-21
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2024-03-18
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2024-03-18
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2024-03-15
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2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
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2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.
  • The performance was not obscene by legal standards
  • You were not involved in planning or promoting the performance
  • You were unaware minors would be present
  • The charges violate your First Amendment rights

An experienced criminal defense attorney can argue these defenses and protect your rights.

Why Hire a NY Criminal Defense Lawyer?

Fighting offensive exhibition charges yourself is risky. A lawyer can help by:

  • Negotiating dismissal of charges with the prosecutor
  • Navigating the criminal justice system on your behalf
  • Gathering evidence and witness statements for your defense
  • Securing experts to analyze obscenity issues
  • Filing motions to suppress illegally obtained evidence

Don’t go it alone against the state. Hire a lawyer to even the odds.

Choosing the Right Lawyer for Your Case

Look for a New York criminal defense lawyer who:

  • Focuses on sex and public decency crimes
  • Has experience defending NY Penal Law 245.05 cases
  • Is familiar with local courts and prosecutors
  • Is comfortable taking cases to trial if needed
  • You feel you can trust and afford

Shop around and find the best lawyer for you.

Don’t Delay – Get Legal Help Now

Even minor criminal charges can disrupt your life and reputation. But a good lawyer can often get them dismissed or reduced. Don’t go it alone against prosecutors aiming for conviction.

Contact an experienced NY criminal defense attorney immediately if facing charges under Penal Law 245.05. They’ll review your case at no cost and build the strongest defense. With an expert lawyer negotiating for you, the odds of avoiding penalties increase dramatically.

Protect your rights and future. Call a knowledgeable New York lawyer today.

References

[1] NY Penal Law 245.05

[2] NY Penal Law 245.05 Casetext

[3] NY Penal Law 245.05 NY Senate

[4] Offensive Exhibition Explained

[5] NY Penal Law 245.05 LawServer

[6] Penalties for Offensive Exhibition Conviction

Benefits of Legal Representation

Choosing a Lawyer

 

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