S T A T E O F N E W Y O R K
________________________________________________________________________
319
2023-2024 Regular Sessions
I N A S S E M B L Y
January 4, 2023
___________
Introduced by M. of A. PAULIN, SEAWRIGHT, DINOWITZ, DICKENS, GUNTHER,
BRONSON, BUTTENSCHON, SIMON, ROZIC, WILLIAMS, BURGOS, ZINERMAN,
SILLITTI, WOERNER, FAHY, JENSEN, THIELE, GLICK, J. A. GIGLIO, ANDER-
SON, JACKSON, BYRNES, STERN, SEPTIMO, AUBRY, SMITH, GONZALEZ-ROJAS,
STIRPE, GALLAGHER, KELLES, CLARK, CRUZ, L. ROSENTHAL -- Multi-Spon-
sored by -- M. of A. HEVESI, STECK -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to the crime of public lewd-
ness
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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.
A person is guilty of public lewdness when [he or she] THEY inten-
tionally [exposes]:
1. EXPOSE the private or intimate parts of [his or her] THEIR body in
a lewd manner or [commits] COMMIT any other lewd act: (a) in a public
place, or (b) (i) in private premises under circumstances in which [he
or she] THEY may readily be observed from either a public place or from
other private premises, and with intent that [he or she] THEY 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] THEY
ARE observed by a lawful occupant[.]; OR
2. ELECTRONICALLY TRANSMIT TO ONE OR MORE PERSONS IN OR AROUND A
PUBLIC PLACE AN IMAGE DEPICTING EXPOSED PRIVATE OR INTIMATE PARTS, WITH-
OUT THE CONSENT OF SUCH PERSON OR PERSONS.
Public lewdness is a class B misdemeanor.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.