senate Bill S7267

Designates public lewdness as public lewdness in the second degree and establishes the class E felony of public lewdness in the first degree for multiple offenses

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 02 / May / 2012
    • REFERRED TO CODES
  • 08 / May / 2012
    • 1ST REPORT CAL.713
  • 09 / May / 2012
    • 2ND REPORT CAL.
  • 14 / May / 2012
    • ADVANCED TO THIRD READING
  • 30 / May / 2012
    • PASSED SENATE
  • 30 / May / 2012
    • DELIVERED TO ASSEMBLY
  • 30 / May / 2012
    • REFERRED TO CODES

Summary

Designates public lewdness as public lewdness in the second degree and establishes the class E felony of public lewdness in the first degree for committing public lewdness in the second degree after having been previously convicted of such offense within the preceding ten years; provides for a permanent disqualification from being a school bus driver upon conviction of public lewdness in the first degree; and designates public lewdness in the first degree as a sex offense for purposes of sex offender registration.

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Bill Details

See Assembly Version of this Bill:
A10370
Versions:
S7267
Legislative Cycle:
2011-2012
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§65.00 & 245.00; add §§245.03 & 245.06, Pen L; amd §509-cc, V & T L; amd §168-a, Cor L

Sponsor Memo

BILL NUMBER:S7267 REVISED 05/07/12

TITLE OF BILL:
An act
to amend the penal law, in relation to public lewdness; to amend the
vehicle and traffic law, in relation to designating public lewdness 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

PURPOSE:
To create new crimes of Public Lewdness in the first degree,
second degree and third degree in order to enhance penalties for
persons who repeatedly commit lewd acts, deter such behavior and
provide for registration of offenders under SORA who commit such acts
repeatedly or against children.

SUMMARY OF PROVISIONS:
Section 1 amends subdivision 3 of section 65.00 of
the Penal law to rename the lowest level Public Lewdness offense as
Public Lewdness in the third degree.

Section 2 amends the Penal Law by renaming the current Public Lewdness
section as Public Lewdness in the Third Degree.

Section 3 creates new Penal law section 245.03 Public Lewdness in the
second degree. This provides that it shall be a Class "A" misdemeanor
for a person to commit the crime of Public Lewdness for the purposes
in whole or part of sexual gratification.

Section 4 creates the new crime of Public Lewdness in the first degree
a class "E" felony when a person commits the crime of Public Lewdness
in the second degree and has previously been convicted of such crime
within the preceding 10 years or commits the crime of Public Lewdness
against a child less than 11 years old.

Section 5 adds the offenses of Public Lewdness in the first degree and
Public Lewdness in the 2nd degree to those offense that permanently
disqualify an individual from obtaining a school bus driver license
under the VTL.

Section 6 adds the offenses of Public Lewdness in the first degree to
the list of registerable offenses under the VTL.

Section 7 provides for an effective date of the first of November
after enactment.
for an effective

EXISTING LAW:

Current law contains a single crime of Public
Lewdness which is a class-B misdemeanor with no registration
requirement under SORA and no enhancement if the act is committed
against a child.

JUSTIFICATION:
A person is guilty of public lewdness when he
intentionally exposes the private parts of his body in a lewd manner
or commits any other lewd act in a public place, or in private under
circumstances in which he may easily be seen and with intent that he
be seen. Law enforcement officials have indicated that, in their
experience, many perpetrators of public lewdness have a long history
of such acts and other sex crimes. In many cases, these perpetrators
go on to commit even more serious sex offenses.

Public Lewdness has long been viewed as a nuisance crime. However,
according to studies, these types of offenders have the highest rate
of recidivism compared to any other sex offender. One study indicates
that 24% of exhibitionists reoffend, and 10% graduate to contact
sexual offenses, such as sexual touching or sexual assault. Recent
crimes in Long Island and Albany, verify this fact.

According to Parents for Megan's Law and the Crime victims Center in
Stony Brook, NY and the Suffolk County police the recidivism rate of
public lewdness offenses as well as the linkage to contact sexual
offenses is a serious public safety concern. Certain highly
publicized incidents detailed below, including a crime committed in a
popular children's restaurant in Long Island and a perpetrator
masturbating to a passing school bus in Albany, demonstrate that
individuals who have been convicted of public lewdness need more
severe penalties especially if they commit the same act again and
again or expose children to their obscene conduct.

On February 22, 2012, a repeat public lewdness offender was arrested
in a popular children's chain restaurant for touching private area
while standing next to two 12-year-old girls. Records indicate that
this offender had ten prior public lewdness offense arrests,
committed in public libraries, retail chain stores, a beach, and in
the children's section of a well known retail book store, where he
was captured on videotape masturbating.
Furthermore, in Nassau and Suffolk Counties combined; the offender has
five public lewdness convictions, four endangering the welfare of a
child convictions and one conviction for stalking.

In another recent incident in Albany, the police responded to a call
around 7:00 a.m. by a bus driver transporting children to school, the
bus driver reported that a man exposed himself and masturbated to the
children on the bus. The driver stated that the man continued to
follow the bus on foot and when it the bus stopped exposed himself
and began to masturbate. Upon arrest it was discovered that the
perpetrator had been convicted for public lewdness several times and
was also a level three Sex Offender. Certainly. the repeat

intentional and predatory targeting of victims and children is worthy
of registration and supervision as a sex offender.

This bill remedies a far too lenient treatment of public lewdness
offenders in the law. It raises the penalty for repeat Lewdness
offenses and provides a much needed felony offense for perpetrators
that prey upon children.
Certainly. the repeat, intentional and predatory targeting of children
to commit acts of public lewdness is worthy of registration and
supervision as a sex offender. This Bill enhances public safety and
the safety of our children.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
First of November after enactment.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7267

                            I N  S E N A T E

                               May 2, 2012
                               ___________

Introduced  by  Sens.  SALAND, ZELDIN -- read twice and ordered printed,
  and when printed to be committed 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:

  Section 1. Paragraph (c) of subdivision 3  of  section  65.00  of  the
penal  law, as amended by chapter 568 of the laws of 2004, is amended to
read as follows:
  (c) For a class B misdemeanor, the period of probation  shall  be  one
year,  except the period of probation shall be no less than one year and
no more than three years for the class B misdemeanor of public  lewdness
IN THE THIRD DEGREE as defined in section 245.00 of this chapter;
  S 2. Section 245.00 of the penal law, as amended by chapter 748 of the
laws of 1968, is amended to read as follows:
S 245.00 Public lewdness IN THE THIRD DEGREE.
  A  person  is guilty of public lewdness IN THE THIRD DEGREE when he OR
SHE intentionally exposes the private or intimate parts of  his  OR  HER
body  in  a  lewd  manner  or commits any other lewd act (a) in a public
place, or (b) in private premises under circumstances in which he OR SHE
may readily be observed from either a public place or from other private
premises, and with intent that he OR SHE be so observed.
  Public lewdness IN THE THIRD DEGREE is a class B misdemeanor.
  S 3. The penal law is amended by adding a new section 245.03  to  read
as follows:
S 245.03 PUBLIC LEWDNESS IN THE SECOND DEGREE.
  A  PERSON IS GUILTY OF PUBLIC LEWDNESS IN THE SECOND DEGREE WHEN HE OR
SHE INTENTIONALLY EXPOSES THE PRIVATE OR INTIMATE PARTS OF  HIS  OR  HER
BODY  IN  A  LEWD  MANNER  OR COMMITS ANY OTHER LEWD ACT (A) IN A PUBLIC
PLACE, OR (B) IN A PRIVATE PREMISES UNDER CIRCUMSTANCES IN WHICH  HE  OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15605-02-2

S. 7267                             2

SHE  MAY  READILY  BE  OBSERVED FROM EITHER A PUBLIC PLACE OR FROM OTHER
PRIVATE PREMISES, AND WITH THE INTENT THAT HE OR SHE  BE  OBSERVED  WHEN
THE  OFFENSE IS COMMITTED FOR THE PURPOSE, IN WHOLE OR SUBSTANTIAL PART,
OF HIS OR HER OWN SEXUAL GRATIFICATION.
  PUBLIC LEWDNESS IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
  S  4.  The penal law is amended by adding a new section 245.06 to read
as follows:
S 245.06 PUBLIC LEWDNESS IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF PUBLIC LEWDNESS IN THE FIRST DEGREE WHEN  HE  OR
SHE  COMMITS  THE  CRIME  OF  PUBLIC  LEWDNESS  IN THE SECOND DEGREE, AS
DEFINED IN SECTION 245.03 OF  THIS  ARTICLE,  AND  HAS  PREVIOUSLY  BEEN
CONVICTED  OF  SUCH  CRIME WITHIN THE PRECEDING TEN YEARS OR COMMITS THE
CRIME OF PUBLIC LEWDNESS IN THE SECOND DEGREE AT A TIME, PLACE OR MANNER
WHERE A CHILD UNDER THE AGE OF ELEVEN  IS  LIKELY  TO  BE  PRESENT.  FOR
PURPOSES OF THIS SECTION IT IS NOT NECESSARY THAT SUCH CHILD IS ACTUALLY
PRESENT OR WITNESSES ACTS PROHIBITED UNDER THIS SECTION.
  PUBLIC LEWDNESS IN THE FIRST DEGREE IS A CLASS E FELONY.
  S  5.  Paragraph (b) of subdivision 4 of section 509-cc of the vehicle
and traffic law, as amended by chapter 400  of  the  laws  of  2011,  is
amended to read as follows:
  (b)  The offenses referred to in subparagraph (ii) of paragraph (a) of
subdivision one and paragraph (b) of subdivision  two  of  this  section
that  result  in  permanent  disqualification shall include a conviction
under sections 100.13, 105.15, 105.17, 115.08, 120.12,  120.70,  125.10,
125.11,  130.40,  130.53,  130.60,  130.65-a,  135.20,  160.15,  220.18,
220.21, 220.39, 220.41, 220.43, 220.44, 230.25, 245.03, 245.06,  260.00,
265.04  of  the  penal  law or an attempt to commit any of the aforesaid
offenses under section 110.00 of the penal law, or any offenses  commit-
ted  under  a  former  section  of  the penal law which would constitute
violations of the aforesaid sections of the penal law, or  any  offenses
committed  outside  this  state which would constitute violations of the
aforesaid sections of the penal law.
  S 6. Subparagraph (i) of paragraph (a) of  subdivision  2  of  section
168-a  of  the  correction law, as amended by chapter 405 of the laws of
2008, is amended to read as follows:
  (i) a conviction of or a conviction for an attempt to  commit  any  of
the  provisions  of  sections  120.70,  130.20,  130.25, 130.30, 130.40,
130.45, 130.60, 230.34, 245.06, 250.50, 255.25,  255.26  and  255.27  or
article  two  hundred  sixty-three  of the penal law, or section 135.05,
135.10, 135.20 or 135.25 of such law relating  to  kidnapping  offenses,
provided  the  victim of such kidnapping or related offense is less than
seventeen years old and the offender is not the parent of the victim, or
section 230.04, where the person patronized is in fact less than  seven-
teen  years  of  age,  230.05  or  230.06, or subdivision two of section
230.30, or section 230.32 or 230.33 of the penal law, or
  S 7. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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