Bill Text: NY S03846 | 2021-2022 | General Assembly | Introduced

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Bill Title: Designates public lewdness as public lewdness in the fourth degree and establishes the class A misdemeanor of public lewdness in the third degree and the class E felony of public lewdness in the second degree for committing public lewdness in the third degree after having been previously convicted of such offense within the preceding ten years; establishes the class D felony of public lewdness in the first degree for committing public lewdness in the third degree and such crime is committed at a time or place where a child under the age of 14 is likely to be present; provides for a permanent disqualification from being a school bus driver upon conviction of public lewdness in the first, second or third degree; designates public lewdness in the first degree as a sex offense for purposes of sex offender registration.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S03846 Detail]

Download: New_York-2021-S03846-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3846

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 31, 2021
                                       ___________

        Introduced  by  Sen.  SERINO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes

        AN ACT to amend the penal law, in relation to public lewdness; to  amend
          the  vehicle  and traffic law, in relation to designating public lewd-
          ness in the first degree as an  offense  which  results  in  permanent
          disqualification  as a bus driver; and to amend the correction law, in
          relation to designating public lewdness in the first degree as  a  sex
          offense for purposes of the sex offender registration

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (c) of subdivision 3  of  section  65.00  of  the
     2  penal  law, as amended by chapter 568 of the laws of 2004, is amended to
     3  read as follows:
     4    (c) For a class B misdemeanor, the period of probation  shall  be  one
     5  year,  except the period of probation shall be no less than one year and
     6  no more than three years for the class B misdemeanor of public  lewdness
     7  in the fourth degree as defined in section 245.00 of this chapter;
     8    § 2. Section 245.00 of the penal law, as amended by chapter 748 of the
     9  laws  of 1968 and the opening paragraph as amended by chapter 373 of the
    10  laws of 2015, is amended to read as follows:
    11  § 245.00 Public lewdness in the fourth degree.
    12    A person is guilty of public lewdness in the fourth degree when he  or
    13  she  intentionally  exposes  the private or intimate parts of his or her
    14  body in a lewd manner or commits any other lewd act[:] (a) in  a  public
    15  place,  or (b) [(i)] in private premises under circumstances in which he
    16  or she may readily be observed from either a public place or from  other
    17  private  premises,  and  with  intent that he or she be so observed[, or
    18  (ii) while trespassing, as defined in section 140.05 of this part, in  a
    19  dwelling as defined in subdivision three of section 140.00 of this part,
    20  under  circumstances  in  which  he or she is observed by a lawful occu-
    21  pant].

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07834-01-1
        S. 3846                             2

     1    Public lewdness in the fourth degree is a class B misdemeanor.
     2    §  3.  The penal law is amended by adding a new section 245.04 to read
     3  as follows:
     4  § 245.04 Public lewdness in the third degree.
     5    A person is guilty of public lewdness in the third degree when  he  or
     6  she  intentionally  exposes  the private or intimate parts of his or her
     7  body in a lewd manner or commits any other lewd  act  (a)  in  a  public
     8  place,  or  (b) in a private premises under circumstances in which he or
     9  she may readily be observed from either a public  place  or  from  other
    10  private  premises,  and  with the intent that he or she be observed when
    11  the offense is committed for the purpose, in whole or substantial  part,
    12  of his or her own sexual gratification.
    13    Public lewdness in the third degree is a class A misdemeanor.
    14    §  4.  The  penal law is amended by adding two new sections 245.06 and
    15  245.09 to read as follows:
    16  § 245.06 Public lewdness in the second degree.
    17    A person is guilty of public lewdness in the second degree when he  or
    18  she commits the crime of public lewdness in the third degree, as defined
    19  in  section 245.04 of this article, and has previously been convicted of
    20  such crime within the preceding ten years.
    21    Public lewdness in the second degree is a class E felony.
    22  § 245.09 Public lewdness in the first degree.
    23    A person is guilty of public lewdness in the first degree when  he  or
    24  she commits the crime of public lewdness in the third degree, as defined
    25  in section 245.04 of this article, and such crime is committed at a time
    26  or place where a child under the age of fourteen is present.
    27    Public lewdness in the first degree is a class D felony.
    28    §  5.  Paragraph (b) of subdivision 4 of section 509-cc of the vehicle
    29  and traffic law, as amended by chapter 400  of  the  laws  of  2011,  is
    30  amended to read as follows:
    31    (b)  The offenses referred to in subparagraph (ii) of paragraph (a) of
    32  subdivision one and paragraph (b) of subdivision  two  of  this  section
    33  that  result  in  permanent  disqualification shall include a conviction
    34  under sections 100.13, 105.15, 105.17, 115.08, 120.12,  120.70,  125.10,
    35  125.11,  130.40,  130.53,  130.60,  130.65-a,  135.20,  160.15,  220.18,
    36  220.21, 220.39, 220.41, 220.43, 220.44, 230.25, 245.04, 245.06,  245.09,
    37  260.00, 265.04 of the penal law or an attempt to commit any of the afor-
    38  esaid  offenses  under  section 110.00 of the penal law, or any offenses
    39  committed under a former section of the penal law which would constitute
    40  violations of the aforesaid sections of the penal law, or  any  offenses
    41  committed  outside  this  state which would constitute violations of the
    42  aforesaid sections of the penal law.
    43    § 6. Subparagraph (i) of paragraph (a) of  subdivision  2  of  section
    44  168-a  of  the  correction law, as amended by chapter 189 of the laws of
    45  2018, is amended to read as follows:
    46    (i) a conviction of or a conviction for an attempt to  commit  any  of
    47  the  provisions  of  sections  120.70,  130.20,  130.25, 130.30, 130.40,
    48  130.45, 130.60, 230.34, 230.34-a, 245.09,  250.50,  255.25,  255.26  and
    49  255.27  or  article two hundred sixty-three of the penal law, or section
    50  135.05, 135.10, 135.20 or 135.25 of  such  law  relating  to  kidnapping
    51  offenses,  provided  the victim of such kidnapping or related offense is
    52  less than seventeen years old and the offender is not the parent of  the
    53  victim,  or  section 230.04, where the person patronized is in fact less
    54  than seventeen years of  age,  230.05[,]  or  230.06[,  230.11,  230.12,
    55  230.13,]  or  subdivision two of section 230.30, or section 230.32[,] or
    56  230.33[, or 230.34] of the penal law[, or section 230.25  of  the  penal
        S. 3846                             3

     1  law  where  the  person prostituted is in fact less than seventeen years
     2  old], or
     3    § 7. This act shall take effect on the first of November next succeed-
     4  ing the date on which it shall have become a law.