New York Consolidated Laws

N.Y. Penal Law § 245.02 (2026)

Promoting the exposure of a person

✓ current as of May 2026

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§ 245.02 Promoting the exposure of a person.
  A person is guilty of promoting the exposure of a person when he
knowingly conducts, maintains, owns, manages, operates or furnishes any
public premise or place where a person in a public place appears in such
a manner that the private or intimate parts of his body are unclothed or
exposed. For purposes of this section, the private or intimate parts of
a female person shall include that portion of the breast which is below
the top of the areola. This section shall not apply to the breastfeeding
of infants or to any person entertaining or performing in a play,
exhibition, show or entertainment.
  Promoting the exposure of a person is a violation.
  Nothing in this section shall prevent the adoption by a city, town or
village of a local law prohibiting the exposure of a person
substantially as herein defined in a public place, at any time, whether
or not such person is entertaining or performing in a play, exhibition,
show or entertainment.

Notes of Decisions

Cited in 2 cases, 1994–2000 · leading case: Spencer Tunick v. Howard Safir, in His Off. Capacity as the Police Comm'r of the City of New York, & the City of New York, 209 F.3d 67 (2d Cir. 2000).

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Spencer Tunick v. Howard Safir, in His Off. Capacity as the Police Comm'r of the City of New York, & the City of New York, 209 F.3d 67 (2d Cir. 2000). · cites it 2× “N.Y. Penal Law § 245.02 . But each of these statutes also contains an exception that may cover Tunick’s planned photo shoot: “[T]his section shall not apply to the breastfeeding of infants or to any person entertaining or performing in a play, exhibition, show or entertainment.”

Jay-Jay Cabaret, Inc. v. State, 164 Misc. 2d 673 (N.Y. Sup. Ct. 1994). “) Although plaintiff may theoretically be subject to prosecution for promoting exposure of a person (Penal Law § 245.02), and, therefore, it would have the requisite standing to bring a declaratory judgment action challenging the constitutionality of the statutory provision even…”

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