{ "batch": "180-new-york-video-recording-and-obscenity-statutes", "articles": [ { "id": "learn_r180_new_york_video_recording_and_obscenity_statutes_ny_anchor_consolidated_index", "category": "Safety", "title": "[Unverified - being checked] Official index of the New York state statute compilation", "summary": "[Unverified - being checked] The official New York State Senate Open Legislation index of the state's statutes is the page headed 'Consolidated Laws of New York' at nysenate.gov, which lists every consolidated code including PEN (Penal) and CVR (Civil Rights).", "body": "The official New York State Senate Open Legislation index of the state's statutes is the page headed 'Consolidated Laws of New York' at nysenate.gov, which lists every consolidated code including PEN (Penal) and CVR (Civil Rights).\n\nWhat New York State Senate - NYS Open Legislation actually says:\n\n“Consolidated Laws of New York”\n\nNote: Anchor record. Opened the official New York Senate Open Legislation index at https://www.nysenate.gov/legislation/laws/CONSOLIDATED; its heading is 'Consolidated Laws of New York' and it lists 'PEN Penal' and 'CVR Civil Rights' among the chapters. All other records in this batch quote NY Senate Open Legislation pages opened on 2026-09-12.", "source_type": "official", "source_link": "https://www.nysenate.gov/legislation/laws/CONSOLIDATED", "last_verified": "2026-09-12", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "New York State Senate - NYS Open Legislation", "evidence_quote": "Consolidated Laws of New York", "volatility": "low", "from_batch": "180-new-york-video-recording-and-obscenity-statutes", "subject": "New York Consolidated Laws", "topic": "official index of the New York state statute compilation", "applies_to_country": "US", "applies_to_scope": "Official statute index for the State of New York; anchor record for this batch", "tags": { "lane": "any", "stage": "any", "region": [ "us-ny" ], "platform": "any", "topic": [ "safety.legal" ], "explicitness": "any" }, "verification": { "status": "failed", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap", "deferred_state_uncorroborated:us-ny" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r180_new_york_video_recording_and_obscenity_statutes_ny_pen_l250_05_eavesdropping_felony", "category": "Safety", "title": "[Unverified - being checked] New York Penal Law: criminal penalty for unlawful recording/interception of audio", "summary": "[Unverified - being checked] New York Penal Law section 250.05 makes 'eavesdropping' - unlawfully engaging in wiretapping, mechanical overhearing of a conversation, or intercepting or accessing of an electronic communication - a class E felony.", "body": "New York Penal Law section 250.05 makes 'eavesdropping' - unlawfully engaging in wiretapping, mechanical overhearing of a conversation, or intercepting or accessing of an electronic communication - a class E felony.\n\nWhat New York State Senate - NYS Open Legislation actually says:\n\n“A person is guilty of eavesdropping when he unlawfully engages in wiretapping, mechanical overhearing of a conversation, or intercepting or accessing of an electronic communication. Eavesdropping is a class E felony.”\n\nNote: 'Unlawfully' is defined in § 250.00(8) as not specifically authorized under article 700 or 705 of the Criminal Procedure Law. A two-person shoot stays outside this offence by obtaining the written consent of every participant whose conversation or communication is recorded, so the recording is not made 'without the consent' that the § 250.00 definitions require.", "source_type": "official", "source_link": "https://www.nysenate.gov/legislation/laws/PEN/250.05", "last_verified": "2026-09-12", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "New York State Senate - NYS Open Legislation", "evidence_quote": "A person is guilty of eavesdropping when he unlawfully engages in wiretapping, mechanical overhearing of a conversation, or intercepting or accessing of an electronic communication. Eavesdropping is a class E felony.", "volatility": "low", "from_batch": "180-new-york-video-recording-and-obscenity-statutes", "subject": "New York Penal Law", "topic": "criminal penalty for unlawful recording/interception of audio", "applies_to_country": "US", "applies_to_scope": "New York Penal Law § 250.05", "tags": { "lane": "any", "stage": "any", "region": [ "us-ny" ], "platform": "any", "topic": [ "safety.legal" ], "explicitness": "any" }, "verification": { "status": "failed", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap", "deferred_state_uncorroborated:us-ny" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r180_new_york_video_recording_and_obscenity_statutes_ny_pen_l250_00_wiretapping_allparty_telephonic", "category": "Safety", "title": "[Unverified - being checked] New York Penal Law: consent standard for recording telephone calls (all-party)", "summary": "[Unverified - being checked] New York Penal Law § 250.00(1) defines 'wiretapping' as recording a telephonic communication 'without the consent of either the sender or receiver,' so consent of both parties is required and New York is an all-party-consent state for recording telephone conversations.", "body": "New York Penal Law § 250.00(1) defines 'wiretapping' as recording a telephonic communication 'without the consent of either the sender or receiver,' so consent of both parties is required and New York is an all-party-consent state for recording telephone conversations.\n\nWhat New York State Senate - NYS Open Legislation actually says:\n\n“1. \"Wiretapping\" means the intentional overhearing or recording of a telephonic or telegraphic communication by a person other than a sender or receiver thereof, without the consent of either the sender or receiver, by means of any instrument, device or equipment.”\n\nNote: The operative consent words are 'without the consent of either the sender or receiver' - i.e. both parties must consent before a telephonic communication may lawfully be recorded, making New York an all-party-consent jurisdiction rather than a one-party state like Florida or Idaho. NY Senate Open Legislation shows this as the most recent revision (2014-09-22).", "source_type": "official", "source_link": "https://www.nysenate.gov/legislation/laws/PEN/250.00", "last_verified": "2026-09-12", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "New York State Senate - NYS Open Legislation", "evidence_quote": "1. \"Wiretapping\" means the intentional overhearing or recording of a telephonic or telegraphic communication by a person other than a sender or receiver thereof, without the consent of either the sender or receiver, by means of any instrument, device or equipment.", "volatility": "low", "from_batch": "180-new-york-video-recording-and-obscenity-statutes", "subject": "New York Penal Law", "topic": "consent standard for recording telephone calls (all-party)", "applies_to_country": "US", "applies_to_scope": "New York Penal Law § 250.00(1); the provision most likely to differ from one-party-consent states such as Florida and Id", "tags": { "lane": "any", "stage": "any", "region": [ "us-ny" ], "platform": "any", "topic": [ "safety.legal" ], "explicitness": "any" }, "verification": { "status": "failed", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap", "deferred_state_uncorroborated:us-ny" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r180_new_york_video_recording_and_obscenity_statutes_ny_pen_l250_00_electronic_allparty", "category": "Safety", "title": "[Unverified - being checked] New York Penal Law: consent standard for recording electronic communications (all-party)", "summary": "[Unverified - being checked] New York Penal Law § 250.00(6) defines 'intercepting or accessing of an electronic communication' as recording an electronic communication 'without the consent of the sender or intended receiver thereof,' requiring both parties' consent for that prong as well.", "body": "New York Penal Law § 250.00(6) defines 'intercepting or accessing of an electronic communication' as recording an electronic communication 'without the consent of the sender or intended receiver thereof,' requiring both parties' consent for that prong as well.\n\nWhat New York State Senate - NYS Open Legislation actually says:\n\n“6. \"Intercepting or accessing of an electronic communication\" and \"intentionally intercepted or accessed\" mean the intentional acquiring, receiving, collecting, overhearing, or recording of an electronic communication, without the consent of the sender or intended receiver thereof, by means of any instrument, device or equipment, except when used by a telephone company in the ordinary course of its business or when necessary to protect the rights or property of such company.”\n\nNote: Unlike the wiretapping definition, which requires the actor be 'a person other than a sender or receiver,' this electronic-communication prong contains no participant exclusion, so a party to a call who records it without the other party's consent falls within the definition - the statutory basis on which participant recordings of calls are treated as eavesdropping in New York. For a two-person shoot, consent of every party to any call or electronic communication is required.", "source_type": "official", "source_link": "https://www.nysenate.gov/legislation/laws/PEN/250.00", "last_verified": "2026-09-12", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "New York State Senate - NYS Open Legislation", "evidence_quote": "6. \"Intercepting or accessing of an electronic communication\" and \"intentionally intercepted or accessed\" mean the intentional acquiring, receiving, collecting, overhearing, or recording of an electronic communication, without the consent of the sender or intended receiver thereof, by means of any instrument, device or equipment, except when used by a telephone company in the ordinary course of its business or when necessary to protect the rights or property of such company.", "volatility": "low", "from_batch": "180-new-york-video-recording-and-obscenity-statutes", "subject": "New York Penal Law", "topic": "consent standard for recording electronic communications (all-party)", "applies_to_country": "US", "applies_to_scope": "New York Penal Law § 250.00(6)", "tags": { "lane": "any", "stage": "any", "region": [ "us-ny" ], "platform": "any", "topic": [ "safety.legal" ], "explicitness": "any" }, "verification": { "status": "failed", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap", "deferred_state_uncorroborated:us-ny" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r180_new_york_video_recording_and_obscenity_statutes_ny_pen_l250_45_video_voyeurism", "category": "Safety", "title": "[Unverified - being checked] New York Penal Law: video voyeurism / unlawful surveillance offence", "summary": "[Unverified - being checked] New York Penal Law § 250.45 ('unlawful surveillance in the second degree') makes it a class E felony to surreptitiously view, broadcast or record, with an imaging device, a person dressing or undressing or the sexual or intimate parts of such person at a place and time of reasonable privacy expectation, without that person's knowledge or consent.", "body": "New York Penal Law § 250.45 ('unlawful surveillance in the second degree') makes it a class E felony to surreptitiously view, broadcast or record, with an imaging device, a person dressing or undressing or the sexual or intimate parts of such person at a place and time of reasonable privacy expectation, without that person's knowledge or consent.\n\nWhat New York State Senate - NYS Open Legislation actually says:\n\n“A person is guilty of unlawful surveillance in the second degree when: 1. For his or her own, or another person's amusement, entertainment, or profit, or for the purpose of degrading or abusing a person, he or she intentionally uses or installs, or permits the utilization or installation of an imaging device to surreptitiously view, broadcast or record a person dressing or undressing or the sexual or other intimate parts of such person at a place and time when such person has a reasonable expectation of privacy, without such person's knowledge or consent; or”\n\nNote: The escape hatch is consent plus openness: the offence applies only to 'surreptitiously' viewing/broadcasting/recording 'without such person's knowledge or consent.' A two-person shoot that films with each performer's informed consent, out in the open, and never films anyone in a place where a reasonable person would believe they could fully disrobe in privacy does not satisfy the section; 'place and time when a person has a reasonable expectation of privacy' is defined in § 250.40(1) as a place where a reasonable person would believe he or she could fully disrobe in privacy. Subdivision 5 covers recording an identifiable person engaging in sexual conduct (as defined in § 130.00(10)) at such a place and time.", "source_type": "official", "source_link": "https://www.nysenate.gov/legislation/laws/PEN/250.45", "last_verified": "2026-09-12", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "New York State Senate - NYS Open Legislation", "evidence_quote": "A person is guilty of unlawful surveillance in the second degree when: 1. For his or her own, or another person's amusement, entertainment, or profit, or for the purpose of degrading or abusing a person, he or she intentionally uses or installs, or permits the utilization or installation of an imaging device to surreptitiously view, broadcast or record a person dressing or undressing or the sexual or other intimate parts of such person at a place and time when such person has a reasonable expectation of privacy, without such person's knowledge or consent; or", "volatility": "low", "from_batch": "180-new-york-video-recording-and-obscenity-statutes", "subject": "New York Penal Law", "topic": "video voyeurism / unlawful surveillance offence", "applies_to_country": "US", "applies_to_scope": "New York Penal Law § 250.45", "tags": { "lane": "any", "stage": "any", "region": [ "us-ny" ], "platform": "any", "topic": [ "safety.legal" ], "explicitness": "any" }, "verification": { "status": "failed", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap", "deferred_state_uncorroborated:us-ny" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r180_new_york_video_recording_and_obscenity_statutes_ny_pen_l250_50_video_voyeurism_first_degree", "category": "Safety", "title": "[Unverified - being checked] New York Penal Law: higher-tier video voyeurism offence (repeat offender)", "summary": "[Unverified - being checked] New York Penal Law § 250.50 ('unlawful surveillance in the first degree') is a class D felony that applies where the person commits unlawful surveillance in the second degree and has been previously convicted within the past ten years of unlawful surveillance in the first or second degree.", "body": "New York Penal Law § 250.50 ('unlawful surveillance in the first degree') is a class D felony that applies where the person commits unlawful surveillance in the second degree and has been previously convicted within the past ten years of unlawful surveillance in the first or second degree.\n\nWhat New York State Senate - NYS Open Legislation actually says:\n\n“A person is guilty of unlawful surveillance in the first degree when he or she commits the crime of unlawful surveillance in the second degree and has been previously convicted within the past ten years of unlawful surveillance in the first or second degree. Unlawful surveillance in the first degree is a class D felony.”\n\nNote: Sentencing-tier counterpart of § 250.45; same consent element as the second-degree offence.", "source_type": "official", "source_link": "https://www.nysenate.gov/legislation/laws/PEN/250.50", "last_verified": "2026-09-12", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "New York State Senate - NYS Open Legislation", "evidence_quote": "A person is guilty of unlawful surveillance in the first degree when he or she commits the crime of unlawful surveillance in the second degree and has been previously convicted within the past ten years of unlawful surveillance in the first or second degree. Unlawful surveillance in the first degree is a class D felony.", "volatility": "low", "from_batch": "180-new-york-video-recording-and-obscenity-statutes", "subject": "New York Penal Law", "topic": "higher-tier video voyeurism offence (repeat offender)", "applies_to_country": "US", "applies_to_scope": "New York Penal Law § 250.50", "tags": { "lane": "any", "stage": "any", "region": [ "us-ny" ], "platform": "any", "topic": [ "safety.legal" ], "explicitness": "any" }, "verification": { "status": "failed", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap", "deferred_state_uncorroborated:us-ny" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r180_new_york_video_recording_and_obscenity_statutes_ny_pen_l245_15_ncii_offence", "category": "Safety", "title": "[Unverified - being checked] New York Penal Law: non-consensual intimate image distribution (criminal)", "summary": "[Unverified - being checked] New York Penal Law § 245.15 ('unlawful dissemination or publication of an intimate image') makes it a class A misdemeanor to disseminate or publish, with intent to cause harm and knowing the depicted person did not consent, a still or video image of that person with intimate parts exposed or engaging in sexual conduct - including an image created or altered by digitization - where the person is reasonably identifiable.", "body": "New York Penal Law § 245.15 ('unlawful dissemination or publication of an intimate image') makes it a class A misdemeanor to disseminate or publish, with intent to cause harm and knowing the depicted person did not consent, a still or video image of that person with intimate parts exposed or engaging in sexual conduct - including an image created or altered by digitization - where the person is reasonably identifiable.\n\nWhat New York State Senate - NYS Open Legislation actually says:\n\n“1. A person is guilty of unlawful dissemination or publication of an intimate image when: (a) with intent to cause harm to the emotional, financial or physical welfare of another person, they intentionally disseminate or publish a still or video image depicting such other person with one or more intimate parts exposed or engaging in sexual conduct with another person, including an image created or altered by digitization, where such person may reasonably be identified from the still or video image itself or from information displayed in connection with the still or video image; and (b) the actor knew or reasonably should have known that the person depicted did not consent to such dissemination or publication, including the dissemination or publication of an image taken with the consent of the person depicted when such person had a reasonable expectation that the image would remain private, regardless of whether the actor was present when such image was taken.”\n\nNote: For a two-person shoot: the offence captures non-consensual publication even of images originally taken with consent if the depicted person had a reasonable expectation the image would remain private; written release language covering distribution/publication is the way outside it. The section expressly covers 'an image created or altered by digitization,' so it reaches synthetic/altered (deepfake-style) depictions.", "source_type": "official", "source_link": "https://www.nysenate.gov/legislation/laws/PEN/245.15", "last_verified": "2026-09-12", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "New York State Senate - NYS Open Legislation", "evidence_quote": "1. A person is guilty of unlawful dissemination or publication of an intimate image when: (a) with intent to cause harm to the emotional, financial or physical welfare of another person, they intentionally disseminate or publish a still or video image depicting such other person with one or more intimate parts exposed or engaging in sexual conduct with another person, including an image created or altered by digitization, where such person may reasonably be identified from the still or video image itself or from information displayed in connection with the still or video image; and (b) the actor knew or reasonably should have known that the person depicted did not consent to such dissemination or publication, including the dissemination or publication of an image taken with the consent of the person depicted when such person had a reasonable expectation that the image would remain private, regardless of whether the actor was present when such image was taken.", "volatility": "low", "from_batch": "180-new-york-video-recording-and-obscenity-statutes", "subject": "New York Penal Law", "topic": "non-consensual intimate image distribution (criminal)", "applies_to_country": "US", "applies_to_scope": "New York Penal Law § 245.15", "tags": { "lane": "any", "stage": "any", "region": [ "us-ny" ], "platform": "any", "topic": [ "safety.legal", "safety.harm" ], "explicitness": "any" }, "verification": { "status": "failed", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap", "deferred_state_uncorroborated:us-ny" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r180_new_york_video_recording_and_obscenity_statutes_ny_pen_l245_15_digitization_definition", "category": "Safety", "title": "[Unverified - being checked] New York Penal Law: whether the NCII offence reaches synthetic or altered depictions", "summary": "[Unverified - being checked] New York Penal Law § 245.15(2)(d) defines 'digitization' as 'to alter an image in a realistic manner utilizing an image or images of a person, other than the person depicted, or computer generated images,' confirming the intimate-image offence reaches synthetic or altered (deepfake) depictions.", "body": "New York Penal Law § 245.15(2)(d) defines 'digitization' as 'to alter an image in a realistic manner utilizing an image or images of a person, other than the person depicted, or computer generated images,' confirming the intimate-image offence reaches synthetic or altered (deepfake) depictions.\n\nWhat New York State Senate - NYS Open Legislation actually says:\n\n“(d) \"digitization\" shall mean to alter an image in a realistic manner utilizing an image or images of a person, other than the person depicted, or computer generated images.”\n\nNote: Direct statutory answer to whether New York's NCII provision reaches synthetic/altered depictions: yes, via the 'digitization' definition and the 'including an image created or altered by digitization' language in subdivision 1.", "source_type": "official", "source_link": "https://www.nysenate.gov/legislation/laws/PEN/245.15", "last_verified": "2026-09-12", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "New York State Senate - NYS Open Legislation", "evidence_quote": "(d) \"digitization\" shall mean to alter an image in a realistic manner utilizing an image or images of a person, other than the person depicted, or computer generated images.", "volatility": "low", "from_batch": "180-new-york-video-recording-and-obscenity-statutes", "subject": "New York Penal Law", "topic": "whether the NCII offence reaches synthetic or altered depictions", "applies_to_country": "US", "applies_to_scope": "New York Penal Law § 245.15(2)(d)", "tags": { "lane": "any", "stage": "any", "region": [ "us-ny" ], "platform": "any", "topic": [ "safety.legal", "safety.harm" ], "explicitness": "any" }, "verification": { "status": "failed", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap", "deferred_state_uncorroborated:us-ny" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r180_new_york_video_recording_and_obscenity_statutes_ny_pen_l245_15_exemptions", "category": "Safety", "title": "[Unverified - being checked] New York Penal Law: exemptions from the intimate-image offence", "summary": "[Unverified - being checked] New York Penal Law § 245.15(3) exempts from the offence the reporting of unlawful conduct; dissemination during lawful law-enforcement, legal or medical practice; images involving voluntary exposure in a public or commercial setting; and dissemination or publication for a legitimate public purpose.", "body": "New York Penal Law § 245.15(3) exempts from the offence the reporting of unlawful conduct; dissemination during lawful law-enforcement, legal or medical practice; images involving voluntary exposure in a public or commercial setting; and dissemination or publication for a legitimate public purpose.\n\nWhat New York State Senate - NYS Open Legislation actually says:\n\n“3. This section shall not apply to the following: (a) the reporting of unlawful conduct; (b) dissemination or publication of an intimate image made during lawful and common practices of law enforcement, legal proceedings or medical treatment; (c) images involving voluntary exposure in a public or commercial setting; or (d) dissemination or publication of an intimate image made for a legitimate public purpose.”\n\nNote: The 'voluntary exposure in a public or commercial setting' and 'legitimate public purpose' carve-outs are the provisions most relevant to billed performers.", "source_type": "official", "source_link": "https://www.nysenate.gov/legislation/laws/PEN/245.15", "last_verified": "2026-09-12", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "New York State Senate - NYS Open Legislation", "evidence_quote": "3. This section shall not apply to the following: (a) the reporting of unlawful conduct; (b) dissemination or publication of an intimate image made during lawful and common practices of law enforcement, legal proceedings or medical treatment; (c) images involving voluntary exposure in a public or commercial setting; or (d) dissemination or publication of an intimate image made for a legitimate public purpose.", "volatility": "low", "from_batch": "180-new-york-video-recording-and-obscenity-statutes", "subject": "New York Penal Law", "topic": "exemptions from the intimate-image offence", "applies_to_country": "US", "applies_to_scope": "New York Penal Law § 245.15(3)", "tags": { "lane": "any", "stage": "any", "region": [ "us-ny" ], "platform": "any", "topic": [ "safety.legal", "safety.harm" ], "explicitness": "any" }, "verification": { "status": "failed", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap", "deferred_state_uncorroborated:us-ny" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r180_new_york_video_recording_and_obscenity_statutes_ny_pen_l235_00_obscenity_definition", "category": "Safety", "title": "[Unverified - being checked] New York Penal Law: statutory definition of obscenity", "summary": "[Unverified - being checked] New York Penal Law § 235.00(1) defines material or performance as 'obscene' only if the average person applying contemporary community standards would find its predominant appeal is to the prurient interest in sex, it patently offensively depicts or describes the enumerated actual-or-simulated sexual conduct, and it lacks serious literary, artistic, political and scientific value.", "body": "New York Penal Law § 235.00(1) defines material or performance as 'obscene' only if the average person applying contemporary community standards would find its predominant appeal is to the prurient interest in sex, it patently offensively depicts or describes the enumerated actual-or-simulated sexual conduct, and it lacks serious literary, artistic, political and scientific value.\n\nWhat New York State Senate - NYS Open Legislation actually says:\n\n“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.”\n\nNote: The three-prong obscenity definition (prurient appeal, patently offensive depiction, no serious value) is the threshold test that determines when consented adult content can cross into criminally obscene material.", "source_type": "official", "source_link": "https://www.nysenate.gov/legislation/laws/PEN/235.00", "last_verified": "2026-09-12", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "New York State Senate - NYS Open Legislation", "evidence_quote": "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.", "volatility": "low", "from_batch": "180-new-york-video-recording-and-obscenity-statutes", "subject": "New York Penal Law", "topic": "statutory definition of obscenity", "applies_to_country": "US", "applies_to_scope": "New York Penal Law § 235.00", "tags": { "lane": "any", "stage": "any", "region": [ "us-ny" ], "platform": "any", "topic": [ "safety.legal" ], "explicitness": "explicit_solo" }, "verification": { "status": "failed", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap", "deferred_state_uncorroborated:us-ny" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r180_new_york_video_recording_and_obscenity_statutes_ny_pen_l235_05_obscenity_distribution", "category": "Safety", "title": "[Unverified - being checked] New York Penal Law: distribution offence for obscene material and performances", "summary": "[Unverified - being checked] New York Penal Law § 235.05 ('obscenity in the third degree') is a class A misdemeanor for anyone who, knowing its content and character, promotes or possesses with intent to promote any obscene material, or produces, presents or directs an obscene performance or participates in a portion thereof which is obscene or contributes to its obscenity.", "body": "New York Penal Law § 235.05 ('obscenity in the third degree') is a class A misdemeanor for anyone who, knowing its content and character, promotes or possesses with intent to promote any obscene material, or produces, presents or directs an obscene performance or participates in a portion thereof which is obscene or contributes to its obscenity.\n\nWhat New York State Senate - NYS Open Legislation actually says:\n\n“A person is guilty of obscenity in the third degree when, knowing its content and character, he: 1. Promotes, or possesses with intent to promote, any obscene material; or 2. Produces, presents or directs an obscene performance or participates in a portion thereof which is obscene or which contributes to its obscenity. Obscenity in the third degree is a class A misdemeanor.”\n\nNote: 'Promote' is defined in § 235.00(4) as 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. A creator who produces, distributes or sells material that meets the § 235.00(1) obscenity test is inside this offence; material that fails any prong of that test is outside it.", "source_type": "official", "source_link": "https://www.nysenate.gov/legislation/laws/PEN/235.05", "last_verified": "2026-09-12", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "New York State Senate - NYS Open Legislation", "evidence_quote": "A person is guilty of obscenity in the third degree when, knowing its content and character, he: 1. Promotes, or possesses with intent to promote, any obscene material; or 2. Produces, presents or directs an obscene performance or participates in a portion thereof which is obscene or which contributes to its obscenity. Obscenity in the third degree is a class A misdemeanor.", "volatility": "low", "from_batch": "180-new-york-video-recording-and-obscenity-statutes", "subject": "New York Penal Law", "topic": "distribution offence for obscene material and performances", "applies_to_country": "US", "applies_to_scope": "New York Penal Law § 235.05", "tags": { "lane": "any", "stage": "any", "region": [ "us-ny" ], "platform": "any", "topic": [ "safety.legal" ], "explicitness": "explicit_solo" }, "verification": { "status": "failed", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap", "deferred_state_uncorroborated:us-ny" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r180_new_york_video_recording_and_obscenity_statutes_ny_pen_l245_00_public_lewdness", "category": "Safety", "title": "[Unverified - being checked] New York Penal Law: public lewdness offence and filmed performance", "summary": "[Unverified - being checked] New York Penal Law § 245.00 ('public lewdness') is a class B misdemeanor for intentionally exposing the private or intimate parts of the body in a lewd manner or committing any other lewd act in a public place, or in private premises readily observable from a public place or other private premises with intent to be so observed, or while trespassing in a dwelling when observed by a lawful occupant.", "body": "New York Penal Law § 245.00 ('public lewdness') is a class B misdemeanor for intentionally exposing the private or intimate parts of the body in a lewd manner or committing any other lewd act in a public place, or in private premises readily observable from a public place or other private premises with intent to be so observed, or while trespassing in a dwelling when observed by a lawful occupant.\n\nWhat New York State Senate - NYS Open Legislation actually says:\n\n“A person is guilty of public lewdness when he or she intentionally exposes the private or intimate parts of his or her body in a lewd manner or commits any other lewd act: (a) in a public place, or (b) (i) in private premises under circumstances in which he or she may readily be observed from either a public place or from other private premises, and with intent that he or she be so observed, or (ii) while trespassing, as defined in section 140.05 of this part, in a dwelling as defined in subdivision three of section 140.00 of this part, under circumstances in which he or she is observed by a lawful occupant. Public lewdness is a class B misdemeanor.”\n\nNote: A filmed performance in a closed set with a consenting crew that is not 'readily observed' from a public place or other private premises does not on its face meet the public-place/observability elements; performing where neighbours or passers-by can see, with intent to be observed, would.", "source_type": "official", "source_link": "https://www.nysenate.gov/legislation/laws/PEN/245.00", "last_verified": "2026-09-12", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "New York State Senate - NYS Open Legislation", "evidence_quote": "A person is guilty of public lewdness when he or she intentionally exposes the private or intimate parts of his or her body in a lewd manner or commits any other lewd act: (a) in a public place, or (b) (i) in private premises under circumstances in which he or she may readily be observed from either a public place or from other private premises, and with intent that he or she be so observed, or (ii) while trespassing, as defined in section 140.05 of this part, in a dwelling as defined in subdivision three of section 140.00 of this part, under circumstances in which he or she is observed by a lawful occupant. Public lewdness is a class B misdemeanor.", "volatility": "low", "from_batch": "180-new-york-video-recording-and-obscenity-statutes", "subject": "New York Penal Law", "topic": "public lewdness offence and filmed performance", "applies_to_country": "US", "applies_to_scope": "New York Penal Law § 245.00", "tags": { "lane": "any", "stage": "any", "region": [ "us-ny" ], "platform": "any", "topic": [ "safety.legal" ], "explicitness": "explicit_solo" }, "verification": { "status": "failed", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap", "deferred_state_uncorroborated:us-ny" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r180_new_york_video_recording_and_obscenity_statutes_ny_pen_l245_01_exposure_performer_carveout", "category": "Safety", "title": "[Unverified - being checked] New York Penal Law: public exposure offence and its performer exemption", "summary": "[Unverified - being checked] New York Penal Law § 245.01 ('exposure of a person', a violation) does not apply to 'any person entertaining or performing in a play, exhibition, show or entertainment,' so a filmed or staged performance is carved out of the public-exposure offence.", "body": "New York Penal Law § 245.01 ('exposure of a person', a violation) does not apply to 'any person entertaining or performing in a play, exhibition, show or entertainment,' so a filmed or staged performance is carved out of the public-exposure offence.\n\nWhat New York State Senate - NYS Open Legislation actually says:\n\n“This section shall not apply to the breastfeeding of infants or to any person entertaining or performing in a play, exhibition, show or entertainment.”\n\nNote: The same carve-out wording appears in § 245.02 ('promoting the exposure of a person'). The section also notes a city/town/village may by local law prohibit exposure in a public place at any time 'whether or not such person is entertaining or performing in a play, exhibition, show or entertainment,' so local law can reach otherwise-carved-out performances in public.", "source_type": "official", "source_link": "https://www.nysenate.gov/legislation/laws/PEN/245.01", "last_verified": "2026-09-12", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "New York State Senate - NYS Open Legislation", "evidence_quote": "This section shall not apply to the breastfeeding of infants or to any person entertaining or performing in a play, exhibition, show or entertainment.", "volatility": "low", "from_batch": "180-new-york-video-recording-and-obscenity-statutes", "subject": "New York Penal Law", "topic": "public exposure offence and its performer exemption", "applies_to_country": "US", "applies_to_scope": "New York Penal Law § 245.01", "tags": { "lane": "any", "stage": "any", "region": [ "us-ny" ], "platform": "any", "topic": [ "safety.legal", "rules.content" ], "explicitness": "explicit_solo" }, "verification": { "status": "failed", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap", "deferred_state_uncorroborated:us-ny" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r180_new_york_video_recording_and_obscenity_statutes_ny_cvr_l50_right_of_privacy", "category": "Safety", "title": "[Unverified - being checked] New York Civil Rights Law: right of publicity / commercial appropriation (criminal)", "summary": "[Unverified - being checked] New York Civil Rights Law § 50 ('right of privacy') makes it a misdemeanor for any person, firm or corporation to use 'for advertising purposes, or for the purposes of trade' the name, portrait, picture, likeness or voice of any living person without first obtaining written consent - the public figure and so-protected performers' publicity right, limited to living persons.", "body": "New York Civil Rights Law § 50 ('right of privacy') makes it a misdemeanor for any person, firm or corporation to use 'for advertising purposes, or for the purposes of trade' the name, portrait, picture, likeness or voice of any living person without first obtaining written consent - the public figure and so-protected performers' publicity right, limited to living persons.\n\nWhat New York State Senate - NYS Open Legislation actually says:\n\n“§ 50. Right of privacy. A person, firm or corporation that uses for advertising purposes, or for the purposes of trade, the name, portrait, picture, likeness, or voice of any living person without having first obtained the written consent of such person, or if a minor of such minor's parent or guardian, is guilty of a misdemeanor.”\n\nNote: New York's commercial-appropriation provision is Civil Rights Law §§ 50-51, and it protects only 'any living person.' A two-person shoot commercialising footage therefore needs the written consent (release) of each performer before their name/portrait/picture/likeness/voice is used for advertising or trade.", "source_type": "official", "source_link": "https://www.nysenate.gov/legislation/laws/CVR/50", "last_verified": "2026-09-12", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "New York State Senate - NYS Open Legislation", "evidence_quote": "§ 50. Right of privacy. A person, firm or corporation that uses for advertising purposes, or for the purposes of trade, the name, portrait, picture, likeness, or voice of any living person without having first obtained the written consent of such person, or if a minor of such minor's parent or guardian, is guilty of a misdemeanor.", "volatility": "low", "from_batch": "180-new-york-video-recording-and-obscenity-statutes", "subject": "New York Civil Rights Law", "topic": "right of publicity / commercial appropriation (criminal)", "applies_to_country": "US", "applies_to_scope": "New York Civil Rights Law § 50 (CVR CHAPTER 6, ARTICLE 5 Right of Privacy)", "tags": { "lane": "any", "stage": "any", "region": [ "us-ny" ], "platform": "any", "topic": [ "safety.legal", "money.pricing" ], "explicitness": "any" }, "verification": { "status": "failed", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap", "deferred_state_uncorroborated:us-ny" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r180_new_york_video_recording_and_obscenity_statutes_ny_cvr_l51_right_of_privacy_action", "category": "Safety", "title": "[Unverified - being checked] Civil remedy for commercial appropriation", "summary": "[Unverified - being checked] New York Civil Rights Law § 51 gives any person whose name, portrait, picture, likeness or voice is used in the state for advertising or trade without the required written consent an equitable action for injunction and damages, with exemplary damages where the defendant knowingly used it contrary to § 50.", "body": "New York Civil Rights Law § 51 gives any person whose name, portrait, picture, likeness or voice is used in the state for advertising or trade without the required written consent an equitable action for injunction and damages, with exemplary damages where the defendant knowingly used it contrary to § 50.\n\nWhat New York State Senate - NYS Open Legislation actually says:\n\n“Any person whose name, portrait, picture, likeness or voice is used within this state for advertising purposes or for the purposes of trade without the written consent first obtained as above provided may maintain an equitable action in the supreme court of this state against the person, firm or corporation so using such person's name, portrait, picture, likeness or voice, to prevent and restrain the use thereof; and may also sue and recover damages for any injuries sustained by reason of such use and if the defendant shall have knowingly used such person's name, portrait, picture, likeness or voice in such manner as is forbidden or declared to be unlawful by section fifty of this article, the jury, in its discretion, may award exemplary damages.”\n\nNote: Civil counterpart to § 50; written consent obtained 'first' under § 50 is what bars the claim. Relevant to anyone selling or re-selling recorded footage in New York.", "source_type": "official", "source_link": "https://www.nysenate.gov/legislation/laws/CVR/51", "last_verified": "2026-09-12", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "New York State Senate - NYS Open Legislation", "evidence_quote": "Any person whose name, portrait, picture, likeness or voice is used within this state for advertising purposes or for the purposes of trade without the written consent first obtained as above provided may maintain an equitable action in the supreme court of this state against the person, firm or corporation so using such person's name, portrait, picture, likeness or voice, to prevent and restrain the use thereof; and may also sue and recover damages for any injuries sustained by reason of such use and if the defendant shall have knowingly used such person's name, portrait, picture, likeness or voice in such manner as is forbidden or declared to be unlawful by section fifty of this article, the jury, in its discretion, may award exemplary damages.", "volatility": "low", "from_batch": "180-new-york-video-recording-and-obscenity-statutes", "subject": "New York Civil Rights Law", "topic": "civil remedy for commercial appropriation", "applies_to_country": "US", "applies_to_scope": "New York Civil Rights Law § 51", "tags": { "lane": "any", "stage": "any", "region": [ "us-ny" ], "platform": "any", "topic": [ "safety.legal", "money.pricing" ], "explicitness": "any" }, "verification": { "status": "failed", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap", "deferred_state_uncorroborated:us-ny" ], "checked_utc": "20261021-123916Z" } } ] }