S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
October 23, 2013
Introduced by Sen. LATIMER -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- recommitted to
the Committee on Codes in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the penal law, in relation to the crime of criminal
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
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
Criminal trespass in the [third] FOURTH degree.
S 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
Criminal trespass in the [second] THIRD degree.
S 3. The penal law is amended by adding a new section 140.16 to read
S 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 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 PREM-
ISES 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.
S 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 [D] C felony.
S 5. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.