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:
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
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!
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
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 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.
Sources:
- https://criminaldefense.1800nynylaw.com/new-york-penal-law-245-11-public-display-of-offensive-sexual-mat.html
- https://ypdcrime.com/penal.law/article245.php
- https://criminaldefense.1800nynylaw.com/new-york-penal-law-245-00-public-lewdness.html
- https://pappalardolaw.com/2021/10/exposure-lewdness-offenses-against-public-sensibilities/
- https://www.new-york-lawyers.org/public-lewdness-new-york-penal-law-245-00.html