senate Bill S3805

Amended

Designates public lewdness as public lewdness in the fourth degree and establishes the class E felony of public lewdness in the second 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

  • 19 / Feb / 2013
    • REFERRED TO CODES
  • 19 / Mar / 2013
    • 1ST REPORT CAL.262
  • 20 / Mar / 2013
    • 2ND REPORT CAL.
  • 21 / Mar / 2013
    • ADVANCED TO THIRD READING
  • 16 / Apr / 2013
    • PASSED SENATE
  • 16 / Apr / 2013
    • DELIVERED TO ASSEMBLY
  • 16 / Apr / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 29 / May / 2014
    • AMEND AND RECOMMIT TO CODES
  • 29 / May / 2014
    • PRINT NUMBER 3805A
  • 11 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 11 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1323
  • 12 / Jun / 2014
    • PASSED SENATE
  • 12 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 12 / Jun / 2014
    • REFERRED TO CODES

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A8270
Versions:
S3805
S3805A
Legislative Cycle:
2013-2014
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
Versions Introduced in 2011-2012 Legislative Cycle:
S7267, A10370, S7267

Sponsor Memo

BILL NUMBER:S3805

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 purpose in
whole or part of sexual gratification.

Section 4 creates the new crime of Public Lewdness in the first
degree. This provides that it shall be a class "E" felony for a person
to commit the crime of Public Lewdness in the second degree who has
previously been convicted of such crime within the preceding 10 years
or commits the crime of Public Lewdness at a time or in place where a
child less than 14 years old is likely to be present.

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

Section 6 adds the offense 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.

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 24r 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, 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 his exposed
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 the bus stopped, he 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
who prey upon children. This Bill enhances public safety and the
safety of our children.

LEGISLATIVE HISTORY: S. 7267 (of 2012) Passed in the Senate

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
________________________________________________________________________

                                  3805

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 19, 2013
                               ___________

Introduced  by  Sens. ZELDIN, FLANAGAN, LARKIN -- 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04787-03-3

S. 3805                             2

  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
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 FOURTEEN IS LIKELY TO BE PRESENT. FOR
PURPOSES OF THIS SECTION, IT IS NOT NECESSARY THAT SUCH CHILD IS ACTUAL-
LY 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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