Attorney's Note

Under the New York Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class E felonybetween 1 and 4 yearsup to $5,000
For details, see N.Y. Penal Law § 70.00
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A person is guilty of obscenity in the second degree when he commits the crime of obscenity in the third degree as defined in subdivisions one and two of section 235.05 of this chapter and has been previously convicted of obscenity in the third degree.

Obscenity in the second degree is a class E felony.