New York Consolidated Laws
N.Y. Penal Law § 235.06 (2026)
Obscenity in the second degree
✓ current as of May 2026
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§ 235.06 Obscenity in the second degree. A person is guilty of obscenity in the second degree when he commits the crime of obscenity in the third degree as defined in subdivisions one and two of section 235.05 of this chapter and has been previously convicted of obscenity in the third degree. Obscenity in the second degree is a class E felony.
Notes of Decisions
Cited in 3
cases, 1972–1995 · leading case: Star Distributors, Ltd. v. Hogan, 337 F. Supp. 1362 (S.D.N.Y. 1972).
Star Distributors, Ltd. v. Hogan, 337 F. Supp. 1362 (S.D.N.Y. 1972). “N.Y.Penal Law § 235.06 (McKinney Supp.1971).”
People v. Allies Boulevard Book Store, Inc., 130 Misc. 2d 556 (1985). “The defendants were indicted for the crimes of obscenity in the second and third degrees (Penal Law §§ 235.06, 235.05) in connection with the same day sale at three locations of six allegedly obscene magazines to an investigator from the Broome County District Attorney’s office.”
People v. Estevez, 163 Misc. 2d 839 (N.Y. City Crim. Ct. 1995). “In 1993, the Second Department held in People v Prezioso ( 199 AD2d 343 [2d Dept 1993], Iv denied 83 NY2d 857 [1994]), that offenses which arose out of separate and distinct sexual assaults could be joined as the crimes were " 'the same or similar in law’ ” (supra, at 344).”
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