Increases the sanctions for repeat public lewdness; makes a second offense for public lewdness committed within a ten year period a class A misdemeanor; makes a third offense for public lewdness committed within a ten year period a class E felony.
STATE OF NEW YORK
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6864
2009-2010 Regular Sessions
IN ASSEMBLY
March 13, 2009
___________
Introduced by M. of A. SCOZZAFAVA, McDONOUGH -- Multi-Sponsored by -- M.
of A. ALFANO, BACALLES, BARCLAY, BARRA, BURLING, BUTLER, CALHOUN,
CONTE, CROUCH, ERRIGO, FINCH, FITZPATRICK, GIGLIO, HAYES, KOLB, MILL-
ER, OAKS, O'MARA, QUINN, RABBITT, RAIA, REILICH, SALADINO, SAYWARD,
TEDISCO, THIELE, TOWNSEND, WALKER -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law and the correction law, in relation to the
sanctions for repeat offenses of the crime of public lewdness
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, is amended to read as follows:
3 § 245.00 Public lewdness.
4 A person is guilty of public lewdness when he or she intentionally
5 exposes the private or intimate parts of his or her body in a lewd
6 manner or commits any other lewd act (a) in a public place, or (b) in
7 private premises under circumstances in which he or she may readily be
8 observed from either a public place or from other private premises, and
9 with intent that he or she be so observed.
10 Public lewdness is a class B misdemeanor.
11 A second offense under this section committed within a ten year period
12 is a class A misdemeanor.
13 A third or subsequent offense under this section committed within a
14 ten year period is a class E felony.
15 § 2. Paragraph (e) of subdivision 2 of section 168-a of the correction
16 law, as added by chapter 69 of the laws of 2003, is amended to read as
17 follows:
18 (e) a conviction of any of the provisions of subdivision two, three or
19 four of section 250.45 or section 245.00 of the penal law, unless upon
20 motion by the defendant, the trial court, having regard to the nature
21 and circumstances of the crime and to the history and character of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08557-01-9
A. 6864 2
1 defendant, is of the opinion that registration would be unduly harsh and
2 inappropriate.
3 § 3. This act shall take effect on the first of November next succeed-
4 ing the date on which it shall have become a law.
