senate Bill S3846

2021-2022 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

download bill text pdf

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

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to codes
Jan 31, 2021 referred to codes

S3846 (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
2019-2020: S1316

S3846 (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.

S3846 (ACTIVE) - Sponsor Memo

S3846 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3846
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2021
                                ___________
 
 Introduced  by  Sen.  SERINO -- 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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