NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6770A
TITLE OF BILL: An act to amend the penal law, in relation to public
PURPOSE OR GENERAL IDEA OF BILL:
Creates public lewdness in the second degree, a class A misdemeanor
SUMMARY OF PROVISIONS:
The penal law is amended by adding a new section"245.03
Public lewdness involves intentionally exposing the private or intimate
parts of one's body in a lewd manner in a public place or in a private
place under circumstances in which he may be readily to be observed.
Public lewdness offenses can lead to serious consequences and cause
enduring trauma for those who find themselves victim to it. Offenders
often aim their public lewdness at minors and at women, and law enforce-
ment officials have indicated that perpetrators often have a long histo-
ry of such acts and of other sex crimes. Therefore, it is important to
appropriately punish and deter serial offenders with higher penalties
for multiple offenses of public lewdness.. Right now, under state law
public lewdness is only a B misdemeanor, regardless of how often a
person re-offends. It is important to raise-this penalty to an A misde-
meanor for multiple offenses.
PRIOR LEGISLATIVE HISTORY:
This act shall take effect on the first of November after it shall
STATE OF NEW YORK
2013-2014 Regular Sessions
April 18, 2013
Introduced by M. of A. LENTOL, SKARTADOS, BRINDISI, ROBERTS -- Multi-
Sponsored by -- M. of A. STECK, WEISENBERG -- read once and referred
to the Committee on Codes -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the penal law, in relation to public lewdness
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new section 245.03 to
2 read as follows:
3 § 245.03 Public lewdness in the second degree.
4 A person is guilty of public lewdness in the second degree when he or
5 she commits the crime of public lewdness, as defined in section 245.00
6 of this article, and has previously been convicted of such crime within
7 the preceding three years.
8 Public lewdness in the second degree is a class A misdemeanor.
9 § 2. This act shall take effect on the first of November next succeed-
10 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.