senate Bill S7267

2011-2012 Legislative Session

Designates public lewdness as public lewdness in the second degree and establishes the class E felony of public lewdness in the first degree for multiple offenses

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 30, 2012 referred to codes
delivered to assembly
passed senate
May 14, 2012 advanced to third reading
May 09, 2012 2nd report cal.
May 08, 2012 1st report cal.713
May 02, 2012 referred to codes

Co-Sponsors

S7267 - Details

See Assembly Version of this Bill:
A10370
Current Committee:
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

S7267 - Summary

Designates public lewdness as public lewdness in the second degree and establishes the class E felony of public lewdness in the first degree for committing public lewdness in the second degree after having been previously convicted of such offense within the preceding ten years; provides for a permanent disqualification from being a school bus driver upon conviction of public lewdness in the first degree; and designates public lewdness in the first degree as a sex offense for purposes of sex offender registration.

S7267 - Sponsor Memo

S7267 - Bill Text download pdf

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

                                  7267

                            I N  S E N A T E

                               May 2, 2012
                               ___________

Introduced  by  Sens.  SALAND, ZELDIN -- 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.
  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

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

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