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

                                  10135

                          I N  A S S E M B L Y

                              May 12, 2016
                               ___________

Introduced  by  M.  of  A.  SEPULVEDA  --  read once and referred 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 FOURTH 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 and the opening paragraph as amended by chapter 373 of the
laws of 2015, is amended to read as follows:
S 245.00 Public lewdness IN THE FOURTH DEGREE.
  A person is guilty of public lewdness IN THE FOURTH 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) [(i)] 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[, or
(ii) while trespassing, as defined in section 140.05 of this part, in  a
dwelling as defined in subdivision three of section 140.00 of this part,
under  circumstances  in  which  he or she is observed by a lawful occu-
pant].
  Public lewdness IN THE FOURTH DEGREE is a class B misdemeanor.
  S 3. The penal law is amended by adding a new section 245.04  to  read
as follows:

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

                                                           LBD02334-04-6

A. 10135                            2

S 245.04 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 A 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 THE INTENT THAT HE OR SHE  BE  OBSERVED  WHEN
THE  OFFENSE IS COMMITTED FOR THE PURPOSE, IN WHOLE OR SUBSTANTIAL PART,
OF HIS OR HER OWN SEXUAL GRATIFICATION.
  PUBLIC LEWDNESS IN THE THIRD DEGREE IS A CLASS A MISDEMEANOR.
  S 4. The penal law is amended by adding two new  sections  245.06  and
245.09 to read as follows:
S 245.06 PUBLIC LEWDNESS IN THE SECOND DEGREE.
  A  PERSON IS GUILTY OF PUBLIC LEWDNESS IN THE SECOND DEGREE WHEN HE OR
SHE COMMITS THE CRIME OF PUBLIC LEWDNESS IN THE THIRD DEGREE, AS DEFINED
IN SECTION 245.04 OF THIS ARTICLE, AND HAS PREVIOUSLY BEEN CONVICTED  OF
SUCH CRIME WITHIN THE PRECEDING TEN YEARS.
  PUBLIC LEWDNESS IN THE SECOND DEGREE IS A CLASS E FELONY.
S 245.09 PUBLIC LEWDNESS IN THE FIRST DEGREE.
  A  PERSON  IS GUILTY OF PUBLIC LEWDNESS IN THE FIRST DEGREE WHEN HE OR
SHE COMMITS THE CRIME OF PUBLIC LEWDNESS IN THE THIRD DEGREE, AS DEFINED
IN SECTION 245.04 OF THIS ARTICLE, AND SUCH CRIME IS COMMITTED AT A TIME
OR PLACE WHERE A CHILD UNDER THE AGE OF FOURTEEN IS PRESENT.
  PUBLIC LEWDNESS IN THE FIRST DEGREE IS A CLASS D FELONY.
  S 5. Paragraph (b) of subdivision 4 of section 509-cc of  the  vehicle
and  traffic  law,  as  amended  by  chapter 400 of the laws of 2011, is
amended to read as follows:
  (b) The offenses referred to in subparagraph (ii) of paragraph (a)  of
subdivision  one  and  paragraph  (b) of subdivision two of this section
that result in permanent disqualification  shall  include  a  conviction
under  sections  100.13, 105.15, 105.17, 115.08, 120.12, 120.70, 125.10,
125.11,  130.40,  130.53,  130.60,  130.65-a,  135.20,  160.15,  220.18,
220.21,  220.39, 220.41, 220.43, 220.44, 230.25, 245.04, 245.06, 245.09,
260.00, 265.04 of the penal law or an attempt to commit any of the afor-
esaid offenses under section 110.00 of the penal law,  or  any  offenses
committed under a former section of the penal law which would constitute
violations  of  the aforesaid sections of the penal law, or any offenses
committed outside this state which would constitute  violations  of  the
aforesaid sections of the penal law.
  S  6.  Subparagraph  (i)  of paragraph (a) of subdivision 2 of section
168-a of the correction law, as amended by chapter 368 of  the  laws  of
2015, is amended to read as follows:
  (i)  a  conviction  of or a conviction for an attempt to commit any of
the provisions of  sections  120.70,  130.20,  130.25,  130.30,  130.40,
130.45,  130.60,  230.34,  245.09,  250.50, 255.25, 255.26 and 255.27 or
article two hundred sixty-three of the penal  law,  or  section  135.05,
135.10,  135.20  or  135.25 of such law relating to kidnapping offenses,
provided the victim of such kidnapping or related offense is  less  than
seventeen years old and the offender is not the parent of the victim, or
section  230.04, where the person patronized is in fact less than seven-
teen years of age, 230.05[,] OR 230.06[,  230.11,  230.12,  230.13,]  OR
subdivision  two  of section 230.30, OR section 230.32[,] OR 230.33[, or
230.34] of the penal law[, or section 230.25 of the penal law where  the
person prostituted is in fact less than seventeen years old], or
  S 7. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.