senate Bill S5957

Establishes the crime of public lewdness in the first degree

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Sponsor

Bill Status


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

  • 16 / Oct / 2013
    • REFERRED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 20 / May / 2014
    • 1ST REPORT CAL.906
  • 21 / May / 2014
    • 2ND REPORT CAL.
  • 28 / May / 2014
    • ADVANCED TO THIRD READING
  • 12 / Jun / 2014
    • SUBSTITUTED BY A8196

Summary

Establishes the crime of public lewdness in the first degree.

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Bill Details

See Assembly Version of this Bill:
A8196
Versions:
S5957
Legislative Cycle:
2013-2014
Law Section:
Penal Law
Laws Affected:
Add ยง245.03, Pen L

Votes

12
1
12
Aye
1
Nay
3
aye with reservations
0
absent
0
excused
0
abstained
show Codes committee vote details

Sponsor Memo

BILL NUMBER:S5957

TITLE OF BILL: An act to amend the penal law, in relation to public
lewdness in the first degree

PURPOSE OR GENERAL IDEA OF BILL: To create a new crime of Public
Lewdness in the first degree in order to enhance penalties, from a
class "B" misdemeanor to a class "A" misdemeanor, for persons, 19
years or older, who intentionally expose a private or intimate part in
the presence of a child under the age of 16 years, or for persons who
repeatedly commit Public Lewdness.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 creates a new penal law
section 245.03 Public Lewdness in the first degree. This provides that
it shall be a class "A" misdemeanor for a person, being 19 years or
older, to intentionally expose their private or intimate parts in the
presence of a child under the age of 16 years, or for persons who
commit a lewd act and have been convicted of Public Lewdness within
the preceding year.

JUSTIFICATION: Recent Public Lewdness crimes in Albany demonstrate the
need for increased penalties for someone who is a repeat offender
and/or who intentionally commits certain lewd acts in the presence of
children. In 2012 in the City of Albany, one individual was arrested
on 5 Public Lewdness, Stalking and Criminal Trespass charges. This
individual was sentenced to 9 months in Albany County Jail in February
2013 and served about 5 months (still considered a full term with time
served and merit time calculated in). After his release from jail in
June 2013, he was almost immediately arrested for re-offending (and
subsequently released) on 3 more occasions during June, July and
August 2013. This same individual was arrested a 5th time in September
2013 for trying to engage 2 middle school aged girls and pursuing them
down the block and exposing himself to them. The individual was
remanded to jail and his case is pending.

The public and children in particular are placed at risk when there
are not laws in place to address Public Lewdness offenses that rise to
this more serious level. There are studies which indicate that over
24% of persons who commit public lewdness crimes will re-offend.

This bill provides the ability to levy the greater penalties
associated with a class "A" misdemeanor in instances in which an
individual is repeatedly arrested on public lewdness charges and/or
when an individual commits certain acts of Public Lewdness in the
presence of vulnerable, young children; thus, increasing both the
safety of children and the general public.

LEGISLATIVE HISTORY: none

EFFECTIVE DATE: The November next succeeding the date on which this
act shall have become a law.

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

                                  5957

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            October 16, 2013
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the penal law, in relation to  public  lewdness  in  the
  first degree

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The penal law is amended by adding a new section 245.03  to
read as follows:
S 245.03 PUBLIC LEWDNESS IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF PUBLIC LEWDNESS IN THE FIRST DEGREE WHEN:
  1.  BEING  NINETEEN YEARS OF AGE OR OLDER AND INTENDING TO BE OBSERVED
BY A PERSON LESS THAN SIXTEEN YEARS OF  AGE  IN  A  PLACE  DESCRIBED  IN
SUBDIVISION  (A)  OR  (B)  OF  SECTION 245.00 OF THIS ARTICLE, HE OR SHE
INTENTIONALLY EXPOSES THE PRIVATE OR INTIMATE PARTS OF HIS OR  HER  BODY
IN  A LEWD MANNER FOR THE PURPOSE OF ALARMING OR SERIOUSLY ANNOYING SUCH
PERSON, AND HE OR SHE IS THEREBY OBSERVED BY SUCH PERSON IN SUCH  PLACE;
OR
  2.  HE  OR  SHE  COMMITS  THE  CRIME OF PUBLIC LEWDNESS, AS DEFINED IN
SECTION 245.00 OF THIS ARTICLE, AND WITHIN THE PRECEDING YEAR  HAS  BEEN
CONVICTED OF AN OFFENSE DEFINED IN SUCH SECTION 245.00 OR THIS SECTION.
  PUBLIC LEWDNESS IN THE FIRST DEGREE IS A CLASS A MISDEMEANOR.
  S 2. This act shall take effect on the first of November next succeed-
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.
                                                           LBD11877-02-3

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