STATE OF NEW YORK
________________________________________________________________________
6270
2009-2010 Regular Sessions
IN ASSEMBLY
February 27, 2009
___________
Introduced by M. of A. BARRA -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to making vehicular display
of obscenity a class A misdemeanor
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding two new sections 235.30
2 and 235.35 to read as follows:
3 § 235.30 Vehicular display of obscenity; definition of terms.
4 For purposes of section 235.35 of this article, the following terms
5 shall have the following meanings:
6 1. "obscene" shall mean any material that the average person would
7 find offensive to accepted standards of decency or modesty;
8 2. "material" shall mean anything tangible which is capable of being
9 used or adapted to arouse interest, whether through the medium of read-
10 ing, observation, sound or in any other manner; and
11 3. "display" shall mean any manner in which material may be made view-
12 able by any person outside of a motor vehicle.
13 § 235.35 Vehicular display of obscenity.
14 A person is guilty of vehicular display of obscenity when, while oper-
15 ating a motor vehicle or traveling as a passenger in a motor vehicle, he
16 or she, knowing its content and character, displays or permits to be
17 displayed any obscene material.
18 Vehicular display of obscenity is a class A misdemeanor.
19 § 2. This act shall take effect on the first of November next succeed-
20 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07760-01-9
