Assembly Bill A319

2023-2024 Legislative Session

Relates to expanding the crime of public lewdness

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee

  • 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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2023-A319 (ACTIVE) - Details

See Senate Version of this Bill:
S4740
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §245.00, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10185
2021-2022: A318, S6420

2023-A319 (ACTIVE) - Summary

Adds to the crime of public lewdness the electronic transmission of an image depicting exposed private or intimate parts without the consent of the recipient.

2023-A319 (ACTIVE) - Bill Text download pdf 

                             
                     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.

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