Bill Text: NY A02761 | 2015-2016 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Expands the class B misdemeanor of public lewdness to include the commission of a lewd act while trespassing in a dwelling and being observed by a lawful occupant.

Spectrum: Slight Partisan Bill (Democrat 20-7)

Status: (Passed) 2015-10-26 - signed chap.373 [A02761 Detail]

Download: New_York-2015-A02761-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2761--A
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 20, 2015
                                      ___________
       Introduced by M. of A. MAYER, OTIS, PAULIN, RAIA, DUPREY, STECK, JAFFEE,
         COLTON, MARKEY, ZEBROWSKI, GALEF, CROUCH, WALTER, HOOPER, FINCH, HEVE-
         SI  --  Multi-Sponsored  by -- M. of A. ABBATE, ARROYO, BARCLAY, COOK,
         GLICK, HIKIND, McKEVITT, RIVERA, SCHIMMINGER,  SIMANOWITZ,  TITONE  --
         read  once  and  referred  to  the  Committee  on  Codes  -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN ACT to amend the penal law, in relation to the crime of lewd criminal
         trespass
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The penal law is amended by adding a new section 140.18 to
    2  read as follows:
    3  S 140.18 LEWD CRIMINAL TRESPASS.
    4    A PERSON IS GUILTY OF LEWD CRIMINAL TRESPASS WHEN HE OR SHE:
    5    1. KNOWINGLY ENTERS OR REMAINS UNLAWFULLY IN A DWELLING, AND
    6    2. WHEN, IN THE COURSE OF COMMITTING SUCH  CRIME,  HE  OR  SHE  INTEN-
    7  TIONALLY  EXPOSES  HIS OR HER PRIVATE OR INTIMATE PARTS IN A LEWD MANNER
    8  OR COMMITS ANY OTHER LEWD ACT IN A PRIVATE PREMISES UNDER  CIRCUMSTANCES
    9  IN WHICH HE OR SHE MAY BE READILY OBSERVED FROM EITHER A PUBLIC PLACE OR
   10  FROM OTHERS IN THE PRIVATE PREMISES.
   11    LEWD CRIMINAL TRESPASS IS A CLASS C FELONY.
   12    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00302-07-5