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Current as of January 01, 2026 | Updated by Findlaw Staff
1. A person who promotes or wholesale promotes obscene material, or possesses the same with intent to promote or wholesale promote it, in the course of his business is presumed to do so with knowledge of its content and character.
2. A person who possesses six or more identical or similar obscene articles is presumed to possess them with intent to promote the same.
The provisions of this section shall not apply to public libraries or association libraries as defined in subdivision two of section two hundred fifty-three of the education law, or trustees or employees of such public libraries or association libraries when acting in the course and scope of their duties or employment.
Cite this article: FindLaw.com - New York Consolidated Laws, Penal Law - PEN § 235.10 Obscenity; presumptions - last updated January 01, 2026 | https://codes.findlaw.com/ny/penal-law/pen-sect-235-10/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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