New York statute
N.Y. Penal Law § 235.05 — Obscenity in the third degree
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 235: Obscenity and Related Offenses, New York Penal Law.
Criminal charges under this statute
Full text of N.Y. Penal Law § 235.05
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
235.05 Obscenity in the third degree.
A person is guilty of obscenity in the third degree when, knowing its
content and character, he:
1. Promotes, or possesses with intent to promote, any obscene
material; or
2. Produces, presents or directs an obscene performance or
participates in a portion thereof which is obscene or which contributes
to its obscenity.
Obscenity in the third degree is a class A misdemeanor.
Official sources
Legal terms used in this section
Questions this section answers
What class of misdemeanor is obscenity in the third degree in New York?
Obscenity in the third degree is a Class A Misdemeanor in New York under N.Y. Penal Law § 235.05.
Which New York statute covers obscenity in the third degree?
Obscenity in the third degree is governed by N.Y. Penal Law § 235.05 (Obscenity in the third degree).
This reference is informational and is not legal advice.