N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Against Public Order, Public Sensibilities and the Right to Privacy / ARTICLE Offenses Against Public Sensibilities
New York Consolidated Laws

N.Y. Penal Law § 245.10 (2026)

Public display of offensive sexual material; definitions of terms

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 245.10 Public display of offensive sexual material; definitions of
           terms.
  The following definitions are applicable to section 245.11:
  1. "Nudity" means the showing of the human male or female genitals,
pubic area or buttocks with less than a full opaque covering, or the
showing of the female breast with less than a fully opaque covering of
any portion thereof below the top of the nipple, or the depiction of
covered male genitals in a discernibly turgid state.
  2. "Sexual conduct" means an act of masturbation, homosexuality,
sexual intercourse, or physical contact with a person's clothed or
unclothed genitals, pubic area, buttocks or, if such person be a female,
breast.
  3. "Sado-masochistic abuse" means flagellation or torture by or upon a
person clad in undergarments, a mask or bizzare costume, or the
condition of being fettered, bound or otherwise physically restrained on
the part of one so clothed.
  4. "Transportation facility" means any conveyance, premises or place
used for or in connection with public passenger transportation, whether
by air, railroad, motor vehicle or any other method. It includes
aircraft, watercraft, railroad cars, buses, and air, boat, railroad and
bus terminals and stations and all appurtenances thereto.
Notes of Decisions
Cited in 5 cases, 1986–2002 · leading case: Julio Giano v. Daniel Senkowski, Superintendent, Clinton Corr. Facility Thomas Coughlin, Comm'r, Dep't of Corr. Servs., 54 F.3d 1050 (2d Cir. 1995).
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Julio Giano v. Daniel Senkowski, Superintendent, Clinton Corr. Facility Thomas Coughlin, Comm'r, Dep't of Corr. Servs., 54 F.3d 1050 (2d Cir. 1995). “FCF-10346-91 (citing N.Y. Penal Law § 245.10 ). A person of ordinary intelligence would understand this policy.”
People v. McNamara, 585 N.E.2d 788 (N.Y. 1991). “Finally, addition of public display of offensive sexual material in 1971 (Penal Law §§ 245.10, 245.11) gave the article its present form.”
People v. Pinkoski, 300 A.D.2d 834 (N.Y. App. Div. 3d Dep't 2002). “Penal Law article 245, concerning offenses against public sensibilities, defines “sexual conduct” as “an act of masturbation, homosexuality, sexual intercourse, or physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks or, if such person be a…”
Penny Lane/East Hampton, Inc. v. Cnty. of Suffolk, 191 A.D.2d 19 (N.Y. App. Div. 2d Dep't 1993). “Moreover, Penal Law article 245 establishes criminal penalties for the public display of offensive sexual material (see, Penal Law §§ 245.10, 245.11). Although the State obscenity laws lack civil penalties and license revocation sanctions, the lack of these remedies for…”
People v. Oshry, 131 Misc. 2d 888 (Clarkstown Just. Ct. 1986). · cites it 3× “al court hearing and have submitted numerous exhibits and legal memoranda to the court along with 170 letters of complaint from parents and local organizations opposed to the public display of the "cards” in question which they contend are sexually explicit and violative of the…”
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