Bill Text: NY A06270 | 2009-2010 | General Assembly | Introduced

New York Assembly Bill 6270 (Prior Session Legislation)

Introduced

Bill Title: An act to amend the penal law, in relation to making vehicular display of obscenity a class A misdemeanor

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2010-01-06 - referred to codes [A06270 Detail]

Download: New_York-2009-A06270-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6270
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   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  S 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  S 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    S 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