Ashburn, VA asked in Federal Crimes, Sexual Harassment and Internet Law for New York

Q: If a person DMs someone an onlyfans link, does that count as disseminating indecent material? (NY Penal Law 235.22)

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James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: Sending a link to an OnlyFans page, in and of itself, typically does not constitute the dissemination of indecent material under New York Penal Law 235.22. The law generally focuses on the actual dissemination or sharing of explicit or obscene content. OnlyFans is a platform where users share adult content, but the act of sending a link to access such content is not explicitly covered by this statute.

However, it's essential to consider the specific circumstances and the nature of the content being shared. If the content shared through the OnlyFans link is explicit, obscene, or falls within the definition of indecent material as outlined in the law, there may be legal implications. Additionally, if the recipient did not consent to receiving such content and feels harassed or uncomfortable, other laws related to harassment or online misconduct may apply.

In summary, the mere act of sending an OnlyFans link is unlikely to be considered a violation of New York Penal Law 235.22, but the content behind the link and the circumstances should be carefully evaluated to determine if any other laws have been violated. If you have concerns about a specific situation, it's advisable to consult with an attorney for a thorough assessment of the legal implications.

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