New York Penal Law § 235.21: Disseminating Indecent Material to Minors in the Second Degree

New York Penal Law § 235.21 defines the offense of Disseminating Indecent Material to Minors in the Second Degree. A person can be charged with this offense if they knowingly disseminate, exhibit or display any indecent material to a minor who is less than 17 years old, with the intent to arouse or gratify the sexual desire of either the minor or the person doing the disseminating.

This offense is considered a class E felony and can result in significant penalties, including imprisonment, fines, and the requirement to register as a sex offender. It is important to note that a conviction for this offense can have serious consequences, including damage to personal and professional reputations.

Examples of indecent material that can result in charges under this law include pornography, sexually explicit images or videos, and written materials that contain descriptions of sexual acts or themes that are inappropriate for minors.

People v. Hanson, 2020 NY Slip Op 33424(U) (Sup. Ct. Queens Cnty. 2020). In this case, the defendant was a schoolteacher who was accused of sending sexually explicit text messages to a 15-year-old student. The defendant was charged with various sex offenses, including Disseminating Indecent Material to Minors in the Second Degree under New York Penal Law § 235.21.

At trial, the prosecution presented evidence that the defendant had engaged in a pattern of inappropriate behavior with the student, including sending explicit messages and making sexual advances. The defendant argued that the messages were intended to be humorous and not sexual in nature.

The court ultimately found the defendant guilty of multiple charges, including Disseminating Indecent Material to Minors in the Second Degree. The court noted that the defendant had engaged in a pattern of behavior that was clearly inappropriate for a teacher, and that the messages he had sent were clearly intended to arouse or gratify his own sexual desires.

1. Obscenity in the third degree. Section 235.05
2. Obscenity in the second degree. Section 235.06
3. Obscenity in the first degree. Section 235.07
4. Disseminating indecent material to minors in the first degree. Section 235.22

New York Penal Law Section 235.21, Disseminating Indecent Material to Minors in the Second Degree is a class E felony. A conviction can result in a term of imprisonment of up to 4 years, a fine of up to $5,000, and a term of post-release supervision of up to 3 years.

A person is guilty of disseminating indecent material to minors in the second degree when:

1. With knowledge of its character and content, he sells or loans to a minor for monetary consideration:
   1. Any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct or sado-masochistic abuse and which is harmful to minors; or
   2. Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in paragraph (a) hereof, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sado-masochistic abuse and which, taken as a whole, is harmful to minors; or
2. Knowing the character and content of a motion picture, show or other presentation which, in whole or in part, depicts nudity, sexual conduct or sado-masochistic abuse, and which is harmful to minors, he:
   1. Exhibits such motion picture, show or other presentation to a minor for a monetary consideration; or
   2. Sells to a minor an admission ticket or pass to premises whereon there is exhibited or to be exhibited such motion picture, show or other presentation; or
   3. Admits a minor for a monetary consideration to premises whereon there is exhibited or to be exhibited such motion picture show or other presentation; or 3. Knowing the character and content of the communication which, in whole or in part, depicts actual or simulated nudity, sexual conduct or sado-masochistic abuse, and which is harmful to minors, he intentionally uses any computer communication system allowing the input, output, examination or transfer, of computer data or computer programs from one computer to another, to initiate or engage in such communication with a person who is a minor.

Disseminating indecent material to minors in the second degree is a class E felony.

If you have been accused of disseminating indecent material to a minor, it is critical that you contact an experienced New York criminal lawyer immediately who can help you understand your legal rights, assess the evidence against you, and develop a strong defense strategy aimed at minimizing the impact of these serious charges. At Stephen Bilkis & Associates, we have extensive experience representing individuals accused of sex offenses in New York. We understand the complexities of these cases and work tirelessly to protect the rights and interests of our clients. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Manhattan, Nassau County, Queens, Bronx, Brooklyn, Long Island, Staten Island, Suffolk County, and Westchester County.