Amd §§65.00 & 245.00, add §§245.04, 245.06 & 245.09, Pen L; amd §509-cc, V & T L; amd §168-a, Cor L
Designates public lewdness as public lewdness in the fourth degree and establishes the class A misdemeanor of public lewdness in the third degree and the class E felony of public lewdness in the second degree for committing public lewdness in the third degree after having been previously convicted of such offense within the preceding ten years; establishes the class D felony of public lewdness in the first degree for committing public lewdness in the third degree and such crime is committed at a time or place where a child under the age of 14 is likely to be present; provides for a permanent disqualification from being a school bus driver upon conviction of public lewdness in the first, second or third degree; and designates public lewdness in the first degree as a sex offense for purposes of sex offender registration.
STATE OF NEW YORK
________________________________________________________________________
5948
2017-2018 Regular Sessions
IN ASSEMBLY
February 17, 2017
___________
Introduced by M. of A. SEPULVEDA, McDONOUGH, BICHOTTE, LAWRENCE, HYND-
MAN, RAIA -- Multi-Sponsored by -- M. of A. CROUCH, GIGLIO, LAVINE,
McKEVITT -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to public lewdness; to amend
the vehicle and traffic law, in relation to designating public lewd-
ness in the first degree as an offense which results in permanent
disqualification as a bus driver; and to amend the correction law, in
relation to designating public lewdness in the first degree as a sex
offense for purposes of the sex offender registration
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (c) of subdivision 3 of section 65.00 of the
2 penal law, as amended by chapter 568 of the laws of 2004, is amended to
3 read as follows:
4 (c) For a class B misdemeanor, the period of probation shall be one
5 year, except the period of probation shall be no less than one year and
6 no more than three years for the class B misdemeanor of public lewdness
7 in the fourth degree as defined in section 245.00 of this chapter;
8 § 2. Section 245.00 of the penal law, as amended by chapter 748 of the
9 laws of 1968 and the opening paragraph as amended by chapter 373 of the
10 laws of 2015, is amended to read as follows:
11 § 245.00 Public lewdness in the fourth degree.
12 A person is guilty of public lewdness in the fourth degree when he or
13 she intentionally exposes the private or intimate parts of his or her
14 body in a lewd manner or commits any other lewd act[:] (a) in a public
15 place, or (b) [(i)] in private premises under circumstances in which he
16 or she may readily be observed from either a public place or from other
17 private premises, and with intent that he or she be so observed[, or
18 (ii) while trespassing, as defined in section 140.05 of this part, in a
19 dwelling as defined in subdivision three of section 140.00 of this part,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04859-01-7
A. 5948 2
1 under circumstances in which he or she is observed by a lawful occu-
2 pant].
3 Public lewdness in the fourth degree is a class B misdemeanor.
4 § 3. The penal law is amended by adding a new section 245.04 to read
5 as follows:
6 § 245.04 Public lewdness in the third degree.
7 A person is guilty of public lewdness in the third degree when he or
8 she intentionally exposes the private or intimate parts of his or her
9 body in a lewd manner or commits any other lewd act (a) in a public
10 place, or (b) in a private premises under circumstances in which he or
11 she may readily be observed from either a public place or from other
12 private premises, and with the intent that he or she be observed when
13 the offense is committed for the purpose, in whole or substantial part,
14 of his or her own sexual gratification.
15 Public lewdness in the third degree is a class A misdemeanor.
16 § 4. The penal law is amended by adding two new sections 245.06 and
17 245.09 to read as follows:
18 § 245.06 Public lewdness in the second degree.
19 A person is guilty of public lewdness in the second degree when he or
20 she commits the crime of public lewdness in the third degree, as defined
21 in section 245.04 of this article, and has previously been convicted of
22 such crime within the preceding ten years.
23 Public lewdness in the second degree is a class E felony.
24 § 245.09 Public lewdness in the first degree.
25 A person is guilty of public lewdness in the first degree when he or
26 she commits the crime of public lewdness in the third degree, as defined
27 in section 245.04 of this article, and such crime is committed at a time
28 or place where a child under the age of fourteen is present.
29 Public lewdness in the first degree is a class D felony.
30 § 5. Paragraph (b) of subdivision 4 of section 509-cc of the vehicle
31 and traffic law, as amended by chapter 400 of the laws of 2011, is
32 amended to read as follows:
33 (b) The offenses referred to in subparagraph (ii) of paragraph (a) of
34 subdivision one and paragraph (b) of subdivision two of this section
35 that result in permanent disqualification shall include a conviction
36 under sections 100.13, 105.15, 105.17, 115.08, 120.12, 120.70, 125.10,
37 125.11, 130.40, 130.53, 130.60, 130.65-a, 135.20, 160.15, 220.18,
38 220.21, 220.39, 220.41, 220.43, 220.44, 230.25, 245.04, 245.06, 245.09,
39 260.00, 265.04 of the penal law or an attempt to commit any of the afor-
40 esaid offenses under section 110.00 of the penal law, or any offenses
41 committed under a former section of the penal law which would constitute
42 violations of the aforesaid sections of the penal law, or any offenses
43 committed outside this state which would constitute violations of the
44 aforesaid sections of the penal law.
45 § 6. Subparagraph (i) of paragraph (a) of subdivision 2 of section
46 168-a of the correction law, as amended by chapter 368 of the laws of
47 2015, is amended to read as follows:
48 (i) a conviction of or a conviction for an attempt to commit any of
49 the provisions of sections 120.70, 130.20, 130.25, 130.30, 130.40,
50 130.45, 130.60, 230.34, 245.09, 250.50, 255.25, 255.26 and 255.27 or
51 article two hundred sixty-three of the penal law, or section 135.05,
52 135.10, 135.20 or 135.25 of such law relating to kidnapping offenses,
53 provided the victim of such kidnapping or related offense is less than
54 seventeen years old and the offender is not the parent of the victim, or
55 section 230.04, where the person patronized is in fact less than seven-
56 teen years of age, 230.05[,] or 230.06[, 230.11, 230.12, 230.13,] or
A. 5948 3
1 subdivision two of section 230.30, or section 230.32[,] or 230.33[, or
2 230.34] of the penal law[, or section 230.25 of the penal law where the
3 person prostituted is in fact less than seventeen years old], or
4 § 7. This act shall take effect on the first of November next succeed-
5 ing the date on which it shall have become a law.
