Assembly Bill A8815

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8815
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 9, 2025
                                ___________
 
 Introduced by M. of A. SLATER -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to amend the penal law, in relation to increasing penalties for
   indecent exposure and public sexual activities occurring within public
   and association libraries
 
   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] SUCH PERSON
 intentionally exposes the private or intimate parts of [his or her] SUCH
 PERSON'S 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]
 SUCH  PERSON  may readily be observed from either a public place or from
 other private premises, and with intent that [he or she] SUCH PERSON  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] SUCH
 PERSON is observed by a lawful occupant, OR
   (C) IN THE PRESENCE OF A MINOR UNDER THE AGE OF SEVENTEEN.
   Public lewdness is a class B misdemeanor.
   § 2. Section 245.03 of the penal law, as added by chapter 186  of  the
 laws of 2014, is amended to read as follows:
 § 245.03 Public lewdness in the first degree.
   A person is guilty of public lewdness in the first degree when:
   1. being [nineteen] EIGHTEEN years of age or older and intending to be
 observed by a person less than sixteen years of age in a place described
 in subdivision (a) or (b) of section 245.00 of this article, [he or she]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11297-01-5
              

 A. 8815                             2
 
 SUCH  PERSON intentionally exposes the private or intimate parts of [his
 or her] SUCH PERSON'S body in a lewd manner for the purpose of  alarming
 or  seriously  annoying  such person LESS THAN SIXTEEN YEARS OF AGE, and
 [he  or  she]  SUCH  PERSON is thereby observed by such person LESS THAN
 SIXTEEN YEARS OF AGE in such place; or
   2. [he or she] SUCH PERSON commits the crime of  public  lewdness,  as
 defined in section 245.00 of this article, and within the preceding year
 has  been convicted of an offense defined in such section 245.00 or this
 section[.]; OR
   3. SUCH PERSON COMMITS THE CRIME OF PUBLIC  LEWDNESS,  AS  DEFINED  IN
 SECTION  245.00 OF THIS ARTICLE, WITHIN A PUBLIC OR ASSOCIATION LIBRARY,
 AS DEFINED IN SECTION TWO HUNDRED FIFTY-THREE OF THE EDUCATION LAW.
   Public lewdness in the first degree is a class A misdemeanor.
   § 3. The penal law is amended by adding a new section 245.20  to  read
 as follows:
 § 245.20 AGGRAVATED PUBLIC LEWDNESS.
   A PERSON IS GUILTY OF AGGRAVATED PUBLIC LEWDNESS WHEN:
   1. SUCH PERSON COMMITS PUBLIC LEWDNESS OR PUBLIC LEWDNESS IN THE FIRST
 DEGREE  WITHIN  A  PUBLIC OR ASSOCIATION LIBRARY AND HAS BEEN PREVIOUSLY
 CONVICTED OF SUCH AN OFFENSE WITHIN THE PAST TEN YEARS; OR
   2. SUCH PERSON ENGAGES IN A SEXUAL ACT, AS DEFINED IN  SECTION  130.00
 OF THIS CHAPTER, WITHIN A PUBLIC OR ASSOCIATION LIBRARY.
   AGGRAVATED PUBLIC LEWDNESS IS A CLASS E FELONY.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.