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A08815 Summary:

BILL NOA08815
 
SAME ASNo Same As
 
SPONSORSlater
 
COSPNSR
 
MLTSPNSR
 
Amd §§245.00 & 245.03, add §245.20, Pen L
 
Increases penalties for indecent exposure and public sexual activities occurring within public and association libraries.
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A08815 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8815
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 9, 2025
                                       ___________
 
        Introduced by M. of A. SLATER -- read once and referred to the Committee
          on Codes
 
        AN  ACT  to amend the penal law, in relation to increasing penalties for
          indecent exposure and public sexual activities occurring within public
          and association libraries
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Section 245.00 of the penal law, as amended by chapter 748
     2  of the laws of 1968 and the opening paragraph as amended by chapter  373
     3  of the laws of 2015, is amended to read as follows:
     4  § 245.00 Public lewdness.
     5    A  person  is  guilty  of public lewdness when [he or she] such person
     6  intentionally exposes the private or intimate parts of [his or her] such
     7  person's body in a lewd manner or commits any other lewd act:
     8    (a) in a public place, or
     9    (b) (i) in private premises under circumstances in which [he  or  she]
    10  such  person  may readily be observed from either a public place or from
    11  other private premises, and with intent that [he or she] such person  be
    12  so  observed, or (ii) while trespassing, as defined in section 140.05 of
    13  this part, in a dwelling as defined  in  subdivision  three  of  section
    14  140.00  of  this  part,  under  circumstances  in which [he or she] such
    15  person is observed by a lawful occupant, or
    16    (c) in the presence of a minor under the age of seventeen.
    17    Public lewdness is a class B misdemeanor.
    18    § 2. Section 245.03 of the penal law, as added by chapter 186  of  the
    19  laws of 2014, is amended to read as follows:
    20  § 245.03 Public lewdness in the first degree.
    21    A person is guilty of public lewdness in the first degree when:
    22    1. being [nineteen] eighteen years of age or older and intending to be
    23  observed by a person less than sixteen years of age in a place described
    24  in subdivision (a) or (b) of section 245.00 of this article, [he or she]
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11297-01-5

        A. 8815                             2
 
     1  such  person intentionally exposes the private or intimate parts of [his
     2  or her] such person's body in a lewd manner for the purpose of  alarming
     3  or  seriously  annoying  such person less than sixteen years of age, and
     4  [he  or  she]  such  person is thereby observed by such person less than
     5  sixteen years of age in such place; or
     6    2. [he or she] such person commits the crime of  public  lewdness,  as
     7  defined in section 245.00 of this article, and within the preceding year
     8  has  been convicted of an offense defined in such section 245.00 or this
     9  section[.]; or
    10    3. such person commits the crime of public  lewdness,  as  defined  in
    11  section  245.00 of this article, within a public or association library,
    12  as defined in section two hundred fifty-three of the education law.
    13    Public lewdness in the first degree is a class A misdemeanor.
    14    § 3. The penal law is amended by adding a new section 245.20  to  read
    15  as follows:
    16  § 245.20 Aggravated public lewdness.
    17    A person is guilty of aggravated public lewdness when:
    18    1. such person commits public lewdness or public lewdness in the first
    19  degree  within  a  public or association library and has been previously
    20  convicted of such an offense within the past ten years; or
    21    2. such person engages in a sexual act, as defined in  section  130.00
    22  of this chapter, within a public or association library.
    23    Aggravated public lewdness is a class E felony.
    24    § 4. This act shall take effect on the first of November next succeed-
    25  ing the date on which it shall have become a law.
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