Assembly Bill A5948

2017-2018 Legislative Session

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

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Archive: Last Bill Status - Stricken


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A5948 (ACTIVE) - Details

See Senate Version of this Bill:
S2169
Law Section:
Penal Law
Laws Affected:
Amd §§65.00 & 245.00, add §§245.04, 245.06 & 245.09, Pen L; amd §509-cc, V & T L; amd §168-a, Cor L
Versions Introduced in Other Legislative Sessions:
2011-2012: S7267
2013-2014: S3805
2015-2016: A10135, S3696
2019-2020: S1316
2021-2022: S3846

2017-A5948 (ACTIVE) - Summary

Designates public lewdness as public lewdness in the fourth degree and establishes the class A misdemeanor of public lewdness in the third degree and the class E felony of public lewdness in the second degree for committing public lewdness in the third degree after having been previously convicted of such offense within the preceding ten years; establishes the class D felony of public lewdness in the first degree for committing public lewdness in the third degree and such crime is committed at a time or place where a child under the age of 14 is likely to be present; provides for a permanent disqualification from being a school bus driver upon conviction of public lewdness in the first, second or third degree; and designates public lewdness in the first degree as a sex offense for purposes of sex offender registration.

2017-A5948 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5948
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 17, 2017
                                ___________
 
 Introduced  by  M. of A. SEPULVEDA, McDONOUGH, BICHOTTE, LAWRENCE, HYND-
   MAN, RAIA -- Multi-Sponsored by -- M. of A.  CROUCH,  GIGLIO,  LAVINE,
   McKEVITT -- 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;
   § 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:
 § 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,

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04859-01-7
              

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