Public Displays & First Amendment

The New York Penal Code contains a whole article devoted to Offenses against Public Sensibilities. While not sex offenses for purposes of SORA registration, these offenses carry a special stigma in today's climate. Public display of sexual material, public lewdness (i.e. nudity) and offensive exhibitions are all criminalized in New York. Under some circumstances, the First Amendment of the U.S. Constitution may protect defendants from prosecution under these sections, which are open to wide interpretations. Please contact our office if you have been accused of public nudity or another petty sexual offense involving your exercise of freedom of expression.