Section 2310. Venereal disease; certain advertisements  


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  • Whoever publishes,
      delivers  or  distributes  or  causes  to  be  published,  delivered  or
      distributed  in  any  manner  whatsoever  an  advertisement concerning a
      venereal  disease,  lost  manhood,  lost  vitality,  impotency,   sexual
      weakness,  seminal emissions, varicocele, self-abuse or excessive sexual
      indulgence whether described by such names, words, terms or phrases,  or
      by  any  other names, words, terms or phrases, calculated or intended to
      convey to the reader the idea that any of  said  diseases,  infirmities,
      disabilities,  conditions,  or  habits  are  meant  or  referred to, and
      calling attention to a medicine, article or preparation that may be used
      therefor or to a person or persons from whom or an office  or  place  at
      which  information,  treatment  or  advice  relating  to  such  disease,
      infirmity,  habit  or  condition  may  be  obtained,  is  guilty  of   a
      misdemeanor   and   upon   conviction   thereof  shall  be  punished  by
      imprisonment for not more than six months, or by a fine of not less than
      fifty dollars nor more than five hundred dollars, or by both  such  fine
      and imprisonment.  This section, however, shall not apply to didactic or
      scientific  treatises  which  do  not advertise or call attention to any
      person or persons from whom or any office or place at which information,
      treatment  or  advice  may  be  obtained,  nor   shall   it   apply   to
      advertisements  or  notices  issued by an incorporated hospital, or by a
      licensed dispensary, duly certified by the local board of  health  as  a
      venereal disease clinic, or by a municipal board or department of health
      or by the department of health of the state of New York.