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Assembly Bill A6864

2009-2010 Legislative Session

Increases the sanctions for repeat public lewdness

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Archive: Last Bill Status - In Assembly Committee

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2009-A6864 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §245.00, Pen L; amd §168-a, Cor L

2009-A6864 (ACTIVE) - Summary

Increases the sanctions for repeat public lewdness; makes a second offense for public lewdness committed within a ten year period a class A misdemeanor; makes a third offense for public lewdness committed within a ten year period a class E felony.

2009-A6864 (ACTIVE) - Bill Text download pdf 

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

                                  6864

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 13, 2009
                               ___________

Introduced by M. of A. SCOZZAFAVA, McDONOUGH -- Multi-Sponsored by -- M.
  of  A.  ALFANO,  BACALLES,  BARCLAY,  BARRA, BURLING, BUTLER, CALHOUN,
  CONTE, CROUCH, ERRIGO, FINCH, FITZPATRICK, GIGLIO, HAYES, KOLB,  MILL-
  ER,  OAKS,  O'MARA,  QUINN, RABBITT, RAIA, REILICH, SALADINO, SAYWARD,
  TEDISCO, THIELE, TOWNSEND, WALKER -- read once  and  referred  to  the
  Committee on Codes

AN ACT to amend the penal law and the correction law, in relation to the
  sanctions for repeat offenses of the crime of public lewdness

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

  Section 1. 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.
  A  person  is  guilty  of public lewdness 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 is a class B misdemeanor.
  A SECOND OFFENSE UNDER THIS SECTION COMMITTED WITHIN A TEN YEAR PERIOD
IS A CLASS A MISDEMEANOR.
  A THIRD OR SUBSEQUENT OFFENSE UNDER THIS SECTION  COMMITTED  WITHIN  A
TEN YEAR PERIOD IS A CLASS E FELONY.
  S 2. Paragraph (e) of subdivision 2 of section 168-a of the correction
law,  as  added by chapter 69 of the laws of 2003, is amended to read as
follows:
  (e) a conviction of any of the provisions of subdivision two, three or
four of section 250.45 OR SECTION 245.00 of the penal law,  unless  upon
motion  by  the  defendant, the trial court, having regard to the nature
and circumstances of the crime and to the history and character  of  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08557-01-9

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