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Ny Offenses Against Public Sensibilities

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cepe10

Member
What is the name of your state? MD (but law relates to NY)

Here is my question, after retiring from marathon running I was planning on competing in the Ironman USA triathalon in Lake Placid NY. Herin lies my legal problem. After reviewing the NY state code I find that if I complete the event in my target time of 13 hours, I will be breaking the law. Even if I set a new course record of under 8 hours 30 minutes I will be breaking the law...

ARTICLE 245
OFFENSES AGAINST PUBLIC SENSIBILITIES

§ 245.05 Offensive exhibition.
A person is guilty of offensive exhibition when he knowingly produces,
operates, manages or furnishes premises for, or in any way promotes or
participates in, an exhibition in the nature of public entertainment or
amusement in which:
1. A person competes continuously without respite for a period of more
than eight consecutive hours in a dance contest, bicycle race or other
contest involving physical endurance; or
2. A person is held up to ridicule or contempt by voluntarily
submitting to indignities such as the throwing of balls or other
articles at his head or body; or
3. A firearm is discharged or a knife, arrow or other sharp or
dangerous instrument is thrown or propelled at or toward a person.

Personally, I feel this law is quite ridiculous to consider a endurance event a crime against the public sensibilities but I do need some advice on the legal standing. I would be knowingly breaking the law and I'd like to know what my exposure is as I would like to keep my clean record intact (not to mention being called a law-breaking criminal element by the moralists here). Could I mount a pre-emptive challenge on basis of basic civil liberties in this case? Are there any other options?
 


You Are Guilty

Senior Member
What is the name of your state? MD (but law relates to NY)

Here is my question, after retiring from marathon running I was planning on competing in the Ironman USA triathalon in Lake Placid NY. Herin lies my legal problem. After reviewing the NY state code I find that if I complete the event in my target time of 13 hours, I will be breaking the law. Even if I set a new course record of under 8 hours 30 minutes I will be breaking the law...

ARTICLE 245
OFFENSES AGAINST PUBLIC SENSIBILITIES

§ 245.05 Offensive exhibition.
A person is guilty of offensive exhibition when he knowingly produces,
operates, manages or furnishes premises for, or in any way promotes or
participates in, an exhibition in the nature of public entertainment or
amusement in which:
1. A person competes continuously without respite for a period of more
than eight consecutive hours in a dance contest, bicycle race or other
contest involving physical endurance; or
2. A person is held up to ridicule or contempt by voluntarily
submitting to indignities such as the throwing of balls or other
articles at his head or body; or
3. A firearm is discharged or a knife, arrow or other sharp or
dangerous instrument is thrown or propelled at or toward a person.

Personally, I feel this law is quite ridiculous to consider a endurance event a crime against the public sensibilities but I do need some advice on the legal standing. I would be knowingly breaking the law and I'd like to know what my exposure is as I would like to keep my clean record intact (not to mention being called a law-breaking criminal element by the moralists here).
It's a violation.
Could I mount a pre-emptive challenge on basis of basic civil liberties in this case?
Sure, go for it.
Are there any other options?
New York Civil Liberties Union
Executive Director: Donna Lieberman
125 Broad Street, 17th Floor
New York, NY 10004
Phone: 212-607-3300
Fax: 212-607-3318
 

cepe10

Member
Does that mean it is not a criminal charge (misd...) do you know what the penalties for "violations" are in NY?
 

You Are Guilty

Senior Member
Does that mean it is not a criminal charge (misd...) do you know what the penalties for "violations" are in NY?
A violation is not a criminal charge, it is akin to a speeding ticket. Thus, it will not appear on any criminal background searches. Technically, violations can carry up to 15 days in jail, but I have yet to see jail actually ordered (ever), much less for a first offense.
 

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