Nudity on flyers

[Ledrak]

What is the name of your state (only U.S. law)? New York

I was planning to do some promotional stuff out in public and hand out some flyers to promote one of my businesses, and I wanted to know if I would run into obcenity (or some other legal) problems if there was nudity shown on the flyer?

 

[You Are Guilty]

What is the name of your state (only U.S. law)? New York

I was planning to do some promotional stuff out in public and hand out some flyers to promote one of my businesses, and I wanted to know if I would run into obcenity (or some other legal) problems if there was nudity shown on the flyer?

You think??

For starters, read section 235 of the penal law (no pun intended). There are others you need to be concerned with, but that's the big one. (245 would be the next section to read. And if you want more, I'm sure I can find some.)

 

[Some Random Guy]

There may well be laws within the city or state of new york which prohibit sexually graphic advertisements.

However, even if it turns out to be legal to hand those flyers out in public, do you want to risk having to register as a sex offender for the rest of your life if you hand one of those flyers, even accidentally, to a minor?

 

[Ledrak]

Ok, here's where I'm confused... In the obscenity definition, it says it must:
depicts or describes in a patently offensive
manner, actual or simulated: sexual intercourse, sodomy, sexual
bestiality, masturbation, sadism, masochism, excretion or lewd
exhibition of the genitals,

Forgive me for my ignorance in legal terminology, but would showing a womans breasts be considered excretion or lewd exhibition of the genitals?

 

[justalayman]

well, the last I read, it was legal for a woman to go topless in NYC so I would have to guess that nude breasts do not fall within that definition unless there is additional activities involved.

 

[Ledrak]

well, the last I read, it was legal for a woman to go topless in NYC so I would have to guess that nude breasts do not fall within that definition unless there is additional activities involved.

Can anyone provide some confirmation on this?

 

[KnownOne]

If you are in an industry that REQUIRES nudity on flyers to guarantee success, perhaps you should take a moment to reflect on your career. Spend some time with your inner child and then come back.

Not legal advice, just a comment...

 

[justalayman]

Can anyone provide some confirmation on this?

only anecdotal.

recently in NYC, the city removed a bike lane that ran through a Jewish neighborhood. Depending on who you speak to, the Jews wanted the lane removed either because it caused an unsafe condition for their children or, the more accepted reason was, the Jews were offended by the attire, especially the women, wore while biking. Mind you, this is a branch of Judiasm where the women wear long dresses and the men wear long coats and hats, even in the summer.

The plan was to stage a bicycle ride through this area just as the Jews were leaving Temple. One group intended on riding topless (even the women) and the statement was made that such exposure is in fact legal in NYC.

Other than that, maybe YAG can comment as he is in at least NY state. I don't know if he is from NYC or not.

 

[Isis1]

i found this...

245.00 Public lewdness. A person is guilty of public lewdness when he intentionally exposes the private or intimate parts of his body in a lewd manner or commits any other lewd act (a) in a public place, or (b) in private premises under circumstances in which he may readily be observed from either a public place or from other private premises, and with intent that he be so observed.

Public lewdness is a class B misdemeanor.

§ 245.01 Exposure of a person. A person is guilty of exposure if he appears in a public place 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.

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 exposure of a person 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.

from here...

New York Laws

huh....i learn something new everyday....

so...was that bikeride considered a show???

 

[justalayman]

i found this...



from here...

New York Laws

huh....i learn something new everyday....

so...was that bikeride considered a show???

haven't read the link yet but the bike ride was a no go because of the snow so it was a no show.

based on that statute, you couldn't have underboobs. In fact, just about any bikini I have seen in many years would not comply with the law either.

that portion of the breast which is below the top of the areola.

 

[Ledrak]

i found this...



from here...

New York Laws

huh....i learn something new everyday....

so...was that bikeride considered a show???

But that is about a person exposing themselves in public. I'm printing up flyers.