BILL NUMBER:S5964A

TITLE OF BILL:  An act to amend the penal law, in relation to the
crime of criminal trespass

PURPOSE:

This bill increases the penalties for people that violate criminal
trespass and engage in deviate activities.

SUMMARY OF PROVISIONS:

Section 1. The section heading of section 140.10 of the penal law, as
amended by chapter 192 of the laws of 1987, is amended to read as
follows: Criminal trespass in the fourth degree.

§ 2. The section heading of section 140.15 of the penal law, as
amended by chapter 315 of the laws of 2010, is amended to read as
follows:  Criminal trespass in the third degree.

§ 3. The penal law, is amended by adding a new section 140.16 to read
as follows:

§ 140.16 Criminal Trespass in the second degree.

A person is guilty of criminal trespass in the second degree when:
              

1. he or she knowingly enters and/or remains unlawfully in a dwelling;
and

2. Intentionally exposes the private or intimate parts of his or her
body in a lewd manner or commits any other lewd act in a private
premises under circumstances in which he or she may readily be
observed from either a public place or from others on or in the
private premises, and with intent that he or she be so observed.

Criminal trespass in the second degree is a class D felony.

§ 4. The closing paragraph of section 140.17 of the penal law, as
added by chapter 341 of the laws of 1969, is amended to read as
follows:

Criminal trespass in the first degree is a class C felony

§ 5. This act to take effect immediately.

EXISTING LAW:

There is no current statute to cover this type of offense.

JUSTIFICATION:

The statute currently allows for criminals to be prosecuted for
trespassing but other activities that would normally be considered
criminal, because of where these activities took place, cannot be
prosecuted. Example: A middle aged woman was home making dinner for
her son. When she turned around and walked into her dining room, she


found her 40 year old neighbor masturbating. She screamed and he ran
out of the house. She also ran out of the house to her other
neighbor's home. That neighbor called the police and they came to
arrest the individual. When she and her husband went to press charges
they were told that trespass was all they could charge him with. She
was unable to press any sexual assault charges because it happened
inside her home. If it had happened on her front lawn the individual
would have been charged with sexual assault, and lewdness or indecent
exposure violations. Unfortunately that was not the case.  The
individual was charged with simple trespass and set free. He has since
stalked her and harassed her. Unfortunately the police have been
unable catch him in the act. This bill will address the problem by
expanding penalties for people that violate criminal trespass and
engage in deviate behavior.

LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

None to New York State.

LOCAL FISCAL IMPLICATIONS:

To be determined

EFFECTIVE DATE:

This act shall take effect immediately.