Informal Opinion No.

Alfred L. Goldberger, Esq. Corporation Counsel, Schenectady

You have asked whether the City of Schenectady may, through local law or ordinance, prohibit the dissemination of pornographic material to persons under the age of 21. Your letter indicates that dissemination is understood to refer to the sale or availability for examination of pictorial, written or videotape pornographic materials.

Section 235.21 of the Penal Law prohibits the dissemination of indecent material to minors. Specifically, the statute provides, in part, as follows:

"A person is guilty of disseminating indecent material to…