Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.
Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.
Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.
Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.
Clients can use our portal to track the status of their case, stay in touch with us, upload documents, and more.
Regardless of the type of situation you're facing, our attorneys are here to help you get quality representation.
We can setup consultations in person, over Zoom, or over the phone to help you. Bottom line, we're here to help you win your case.
The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.
Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.
In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.
Why Clients Choose Spodek Law Group
The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.
We’re selective about the clients we work with, and only take on cases we know align with our experience – and where we can make a difference. This is different from other law firms who are not invested in your success nor care about your outcome.
If you have a legal issue, call us for a consultation.
We are available 24/7, to help you with any – and all, challenges you face.
If you’ve been keeping up with our ongoing series of posts, then you know the drill. We’re going to look, in this post, at obscenity and related charges. In case you haven’t, though, we’ve been taking a look at some of the various charges on the books in the state of New York in relation the penal code. We’ve looked at violent offenses, racketeering, even recently added charges like cyber crimes and the like. We’ve done so with the earnest belief that when you take the often confusing mountain of legalese that you’ll come across when looking at the law and then going ahead to break it down into simple chunks that not only make a lot of sense but also make it easy for you to mount a successful legal defense when it comes to reducing or even dismissing your charges outright. So with that said, let’s go ahead and get started.
Obscenity definitions of terms
First, some definitions. By obscene we mean that the average person applying current standards would think that the main appeal of a material or performance has a prurient interest in sex, and that it’s offensive in that it simulates sex, bestiality, sadism, excretion, or something else similarly, and also lacks artistic, literary, and scientific/political value. Appeal will be made by ordinary adults.
By material we mean something tangible that’s used or adapted to arouse interest.
Performance is a play, movie, dance, or other kind of exhibition that’s performed in front of an audience.
Promote basically means the manufacture, sale, or some other way of transmitting the same.
Wholesale promote basically means to manufacture, sell, provide, or otherwise transmit something to be resold.
Simulated means the depiction or description of conduct we’ve already talked about.
Criminal sexual act is any type of sexual conduct that is of a criminal nature, as you might expect.
Obscenity in the third degree
You’re guilty of this crime when you know the content and character of material and promote or possess obscene material, or produce or present an obscene performance. Obscenity in the third degree is a class A misdemeanor.
Obscenity in the second degree
For the second degree charge, you’re guilty when you commit the third degree version of this crime and have previously been convicted of the same. Obscenity in the second degree is considered to be a class E felony.
Obscenity in the first degree
This is just when you promote or possess with the intent to promote any obscene material. Obscenity in the first degree is a class D felony.
There are a couple of presumptions involved with this charge. Among them, anyone who promotes obscene material or possesses same with the intention of promoting it is presumed to do so while knowing what it is. Also, someone who possesses six or more similar obscene articles is presumed to possess them with the intention of promoting them. These provisions don’t apply to public libraries and the like, though.
Obscenity or disseminating indecent material to minors in the second degree; defense.
In some kind of prosecution for the crime of obscenity or disseminating this kind of material to minors, it’s considered an affirmative defense that the people who were given this material were in the context of being in some kind of scientific, educational, or other similar type of place where it’s authorized for these things to be viewed. It’s also an affirmative defense that the person who was charged was a projectionist, stage employee, or other type of person who didn’t have a managerial role and also didn’t have any kind of financial connection to the promotion of these materials.
As you can see, that wasn’t too bad at all. In fact, once you break down these things into more manageable chunks, as we said before, everything becomes relatively simple to understand, which of course is going to make your potential legal defense for any charges that much easier to mount. But the thing is, you can know the law forward and backward and that’s not going to do you one bit of good if you don’t have the right legal assistance to fight by your side.
Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.