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.
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.
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.
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.
Todd is a miracle worker who will work tirelessly for you and your family. He is one of the few attorneys i've met - who I earnestly trust to protect me, and who I am happy to refer to our friends and fellow family members. The Spodek Law Group is someone you want on your side, because they will treat you just like family. Todd and his team are available 24/7, and they always answered our calls. Even when we were being irrational, and crazy - they were calm and super helpful. Just call Todd. He gives you a free consultation and is very understanding.- Donna & Robert
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