new york penal law 245 11 public display of offensive sexual mat

Understanding NY Penal Law 245.11 – Public Display of Offensive Sexual Material

Being charged under New York’s public display of offensive sexual material law can lead to criminal penalties. NY Penal Law 245.11 makes it illegal to publicly display certain sexually explicit images. Let’s break down this statute, potential sentences, and legal defenses.

What is Public Display of Offensive Sexual Material?

According to NY Penal Law Article 245, a person is guilty of public display of offensive sexual material when they display or permit display of images that:

Depict nudity, sexual conduct, or sado-masochistic abuse
Appear to depict nudity, sexual conduct, or sado-masochistic abuse with unclothed genitals, pubic area, or female breasts

In a place easily visible from public areas like streets, sidewalks, transportation facilities, parks, etc. This includes store windows, racks, showcases, walls, doors, billboards, and screens.

For example, an adult video store publicly displaying graphic pornographic images could potentially face charges under this statute.

Penalties for Publicly Displaying Offensive Sexual Material

Public display of offensive sexual material is a Class A misdemeanor in New York. Potential penalties if convicted include:

Up to 1 year in jail
Up to $1,000 in fines
Probation up to 3 years
Permanent criminal record

Penalties may increase for repeat offenders. The conviction will also remain on background checks, potentially impacting employment, licensing, housing, and other opportunities.

Defending Against Public Display of Offensive Material Charges

Some possible defenses against NY Penal Law 245.11 charges include:

The material was not sufficiently visible to the public
The images did not actually depict nudity, sexual conduct, or sado-masochistic abuse
You did not display or permit display of the material
You were unaware of the nature of the images
The images have artistic, educational, or other merits

An experienced criminal defense lawyer can evaluate the evidence and build the strongest defense for your specific case.

What to Do If Charged with Public Display of Offensive Material

If facing accusations under NY Penal Law 245.11, key steps to take include:

Decline to answer any police questions until you have legal counsel
Hire an experienced NY criminal defense attorney right away
Follow your lawyer’s instructions about responding to investigators or making statements
Work closely with your lawyer to construct your defense
Have your lawyer preserve applicable evidence like security footage
Attend all required court appearances until your case resolution
Avoid any legal issues while out on bail that could impact your case

Choosing the Right Lawyer for Your Case

When facing charges under NY Penal Law 245.11, key traits to seek in a lawyer include:

Experience specifically defending NY public lewdness and decency charges
Successful track record getting charges reduced or dismissed pre-trial
Resources to build a strong defense and take your case to trial
Ability to negotiate firmly with prosecutors
Responsive communication and excellent client support

Don’t leave your future up to chance. An experienced criminal defense lawyer can protect your rights and build the strongest case possible if accused of publicly displaying offensive sexual material in New York.

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