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Senate Bill S4166B

Signed By Governor

2015-2016 Legislative Session

Expands the class B misdemeanor of public lewdness to include the commission of a lewd act while trespassing in a dwelling and being observed by a lawful occupant

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Archive: Last Bill Status Via A2761 - Signed by Governor

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Bill Amendments

2015-S4166 - Details

Law Section:
Penal Law
Laws Affected:
Add §140.18, Pen L
Versions Introduced in 2013-2014 Legislative Session:
S5964

2015-S4166 - Summary

Expands the class B misdemeanor of public lewdness to include the commission of a lewd act while trespassing in a dwelling and being observed by a lawful occupant.

2015-S4166 - Sponsor Memo

2015-S4166 - Bill Text download pdf 

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

                                  4166

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              March 4, 2015
                               ___________

Introduced  by  Sen. LATIMER -- 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  the  crime  of  criminal
  trespass

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

  Section 1.  The section heading and the closing paragraph  of  section
140.10  of the penal law, as amended by chapter 192 of the laws of 1987,
are amended to read as follows:
  Criminal trespass in the [third] FOURTH degree.
  Criminal trespass in the [third] FOURTH degree is a class B  misdemea-
nor.
  S  2.  The section heading and the closing paragraph of section 140.15
of the penal law, as amended by chapter 315 of the  laws  of  2010,  are
amended to read as follows:
  Criminal trespass in the [second] THIRD degree.
  Criminal  trespass in the [second] THIRD degree is a class A misdemea-
nor.
  S 3. The penal law is amended by adding a new section 140.16  to  read
as follows:
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

2015-S4166A - Details

Law Section:
Penal Law
Laws Affected:
Add §140.18, Pen L
Versions Introduced in 2013-2014 Legislative Session:
S5964

2015-S4166A - Summary

Expands the class B misdemeanor of public lewdness to include the commission of a lewd act while trespassing in a dwelling and being observed by a lawful occupant.

2015-S4166A - Sponsor Memo

2015-S4166A - Bill Text download pdf 

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

                                 4166--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              March 4, 2015
                               ___________

Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  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 lewd criminal
  trespass

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

  Section 1. The penal law is amended by adding a new section 140.18  to
read as follows:
S 140.18 LEWD CRIMINAL TRESPASS.
  A  PERSON IS GUILTY OF LEWD CRIMINAL TRESPASS IN A DWELLING WHEN HE OR
SHE:
  1. KNOWINGLY ENTERS OR REMAINS UNLAWFULLY IN A DWELLING, AND
  2. WHEN, IN THE COURSE OF COMMITTING SUCH  CRIME,  HE  OR  SHE  INTEN-
TIONALLY  EXPOSES  HIS OR HER PRIVATE OR INTIMATE PARTS IN A LEWD MANNER
OR COMMITS ANY OTHER LEWD ACT IN A PRIVATE PREMISES UNDER  CIRCUMSTANCES
IN WHICH HE OR SHE MAY BE READILY OBSERVED FROM EITHER A PUBLIC PLACE OR
FROM OTHERS IN THE PRIVATE PREMISES.
  LEWD CRIMINAL TRESPASS IS A CLASS C FELONY.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00302-04-5

2015-S4166B - Details

Law Section:
Penal Law
Laws Affected:
Add §140.18, Pen L
Versions Introduced in 2013-2014 Legislative Session:
S5964

2015-S4166B - Summary

Expands the class B misdemeanor of public lewdness to include the commission of a lewd act while trespassing in a dwelling and being observed by a lawful occupant.

2015-S4166B - Sponsor Memo

2015-S4166B - Bill Text download pdf 

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

                                 4166--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              March 4, 2015
                               ___________

Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  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 lewd criminal
  trespass

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

  Section  1. The penal law is amended by adding a new section 140.18 to
read as follows:
S 140.18 LEWD CRIMINAL TRESPASS.
  A PERSON IS GUILTY OF LEWD CRIMINAL TRESPASS WHEN HE OR SHE:
  1. KNOWINGLY ENTERS OR REMAINS UNLAWFULLY IN A DWELLING, AND
  2. WHEN, IN THE COURSE OF COMMITTING SUCH  CRIME,  HE  OR  SHE  INTEN-
TIONALLY  EXPOSES  HIS OR HER PRIVATE OR INTIMATE PARTS IN A LEWD MANNER
OR COMMITS ANY OTHER LEWD ACT IN A PRIVATE PREMISES UNDER  CIRCUMSTANCES
IN WHICH HE OR SHE MAY BE READILY OBSERVED FROM EITHER A PUBLIC PLACE OR
FROM OTHERS IN THE PRIVATE PREMISES.
  LEWD CRIMINAL TRESPASS IS A CLASS C FELONY.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00302-05-5

2015-S4166C (ACTIVE) - Details

Law Section:
Penal Law
Laws Affected:
Add §140.18, Pen L
Versions Introduced in 2013-2014 Legislative Session:
S5964

2015-S4166C (ACTIVE) - Summary

Expands the class B misdemeanor of public lewdness to include the commission of a lewd act while trespassing in a dwelling and being observed by a lawful occupant.

2015-S4166C (ACTIVE) - Sponsor Memo

2015-S4166C (ACTIVE) - Bill Text download pdf 

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

                                 4166--C
    Cal. No. 1001

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              March 4, 2015
                               ___________

Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to  said  committee  --  reported
  favorably  from said committee and committed to the Committee on Rules
  -- reported favorably from said committee, ordered to a third reading,
  passed by Senate and delivered to the Assembly, recalled, vote  recon-
  sidered,  restored  to  third  reading, amended and ordered reprinted,
  retaining its place in the order of third reading

AN ACT to amend the penal law, in relation to public lewdness

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

  Section  1.  The opening paragraph of section 245.00 of the penal law,
as amended by chapter 748 of the laws of 1968, is  amended  to  read  as
follows:
  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) (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  TRESPASS-
ING, 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 OCCUPANT.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00302-09-5

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