§ 235.00 Obscenity; definitions of terms.
The following definitions are applicable to sections 235.05, 235.10 and
235.15:
1. "Obscene." Any material or performance is "obscene" if (a) the
average person, applying contemporary community standards, would find
that considered as a whole, its predominant appeal is to the prurient
interest in sex, and (b) it depicts or describes in a patently offensive
manner, actual or simulated: sexual intercourse, criminal
sexual act, sexual bestiality, masturbation, sadism, masochism, excre-
tion or lewd exhibition of the genitals, and (c) considered as a whole,
it lacks serious literary, artistic, political, and scientific value.
Predominant appeal shall be judged with reference to ordinary adults
unless it appears from the character of the material or the circum-
stances of its dissemination to be designed for children or other
specially susceptible audience.
2. "Material" means anything tangible which is capable of being used or
adapted to arouse interest, whether through the medium of reading,
observation, sound or in any other manner.
3. "Performance" means any play, motion picture, dance or other
exhibition performed before an audience.
4. "Promote" means to manufacture, issue, sell, give, provide, lend,
mail, deliver, transfer, transmute, publish, distribute, circulate,
disseminate, present, exhibit or advertise, or to offer or agree to do the
same.
5. "Wholesale promote" means to manufacture, issue, sell, provide, mail,
deliver, transfer, transmute, publish, distribute, circulate, disseminate
or to offer or agree to do the same for purposes of resale.
6. "Simulated" means the explicit depiction or description of any of the
types of conduct set forth in clause (b) of subdivision one of this
section, which creates the appearance of such conduct.
7. "criminal sexual act" means any of the types of sexual
conduct defined in subdivision two of section 130.00 provided, however,
that in any prosecution under this article the marital status of the
persons engaged in such conduct shall be irrelevant and shall not be
considered.
NYSentencing