senate Bill S1316

2019-2020 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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Sponsored By

Current Bill Status - In Senate Committee Codes Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 14, 2019 referred to codes

Co-Sponsors

S1316 (ACTIVE) - Details

Current Committee:
Senate Codes
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: S3696
2017-2018: S2169

S1316 (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.

S1316 (ACTIVE) - Sponsor Memo

S1316 (ACTIVE) - Bill Text download pdf


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

                                  1316

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 14, 2019
                               ___________

Introduced by Sens. SERINO, SEPULVEDA -- 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 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,
under circumstances in which he or she is observed  by  a  lawful  occu-
pant].

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

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