2023 New York Laws › PEN - Penal › Part 3 - Specific Offenses › Title M - Offenses Against Public Health and Morals › Article 235 - Obscenity and Related Offenses › 235.00 - Obscenity; Definitions of Terms.

§ 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,  excretion  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 circumstances of its
  dissemination to be designed for children or other specially susceptible
  audience.
* NB Effective until September 1, 2024
* 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: vaginal sexual contact, a crime under the
  former sections 130.50, 130.45, and 130.40 of the penal law, oral sexual
  contact, anal sexual contact, sexual bestiality,  masturbation,  sadism,
  masochism,  excretion  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 circumstances of its dissemination to be designed for children or
  other especially susceptible audience.
* NB Effective September 1, 2024
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.