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

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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--B
                              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 -- again reported from said  committee  with  amend-
         ments, ordered reprinted as amended and recommitted to said committee
       AN ACT to amend the penal law, in relation to public lewdness
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The opening paragraph of section 245.00 of the  penal  law,
    2  as  amended  by  chapter  748 of the laws of 1968, is amended to read as
    3  follows:
    4    A person is guilty of public lewdness when  he  OR  SHE  intentionally
    5  exposes  the  private  or  intimate  parts  of his OR HER body in a lewd
    6  manner or commits any other lewd act: (a) in a public place, or (b)  (I)
    7  in  private  premises under circumstances in which he OR SHE may readily
    8  be observed from either a public place or from other  private  premises,
    9  and  with  intent that he OR SHE be so observed, OR (II) WHILE TRESPASS-
   10  ING, AS DEFINED IN SECTION 140.05 OF THIS PART, IN A DWELLING AS DEFINED
   11  IN SUBDIVISION THREE OF SECTION 140.00 OF THIS PART, UNDER CIRCUMSTANCES
   12  IN WHICH HE OR SHE IS OBSERVED BY A LAWFUL OCCUPANT.
   13    S 2. This act shall take effect on the first of November next succeed-
   14  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00302-08-5