N.Y. Penal Law § 235.05 : Offenses Against Public Health And Morals — Penal — Obscenity And Related Offenses — Obscenity in the third degree Date: 10 Jun 2016 TEXT PDF Current through 2016 New York Laws, Chapters 1 to 237 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.Y. Penal Law § 235.05