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
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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

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If facing accusations under NY Penal Law 245.11, key steps to take include:
  1. Decline to answer any police questions until you have legal counsel
  2. Hire an experienced NY criminal defense attorney right away
  3. Follow your lawyer's instructions about responding to investigators or making statements
  4. Work closely with your lawyer to construct your defense
  5. Have your lawyer preserve applicable evidence like security footage
  6. Attend all required court appearances until your case resolution
  7. Avoid any legal issues while out on bail that could impact your case

Choosing the Right Lawyer for Your Case

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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:

Frequently Asked Questions

No. You have the right to remain silent and the right to an attorney. Invoke both rights immediately and contact Spodek Law Group.

Every case is different. We offer free initial consultations to evaluate your case and discuss our fee structure.

An arraignment is your first court appearance where charges are formally read. You enter a plea and bail may be set. Having an attorney present is critical.

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