Bill Text: NY S04166 | 2015-2016 | General Assembly | Introduced

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

---

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: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2015-06-24 - SUBSTITUTED BY A2761B [S04166 Detail]

Download: New_York-2015-S04166-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4166
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     March 4, 2015
                                      ___________
       Introduced  by  Sen. LATIMER -- 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  the  crime  of  criminal
         trespass
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  The section heading and the closing paragraph  of  section
    2  140.10  of the penal law, as amended by chapter 192 of the laws of 1987,
    3  are amended to read as follows:
    4    Criminal trespass in the [third] FOURTH degree.
    5    Criminal trespass in the [third] FOURTH degree is a class B  misdemea-
    6  nor.
    7    S  2.  The section heading and the closing paragraph of section 140.15
    8  of the penal law, as amended by chapter 315 of the  laws  of  2010,  are
    9  amended to read as follows:
   10    Criminal trespass in the [second] THIRD degree.
   11    Criminal  trespass in the [second] THIRD degree is a class A misdemea-
   12  nor.
   13    S 3. The penal law is amended by adding a new section 140.16  to  read
   14  as follows:
   15  S 140.16 CRIMINAL TRESPASS IN THE SECOND DEGREE.
   16    A PERSON IS GUILTY OF CRIMINAL TRESPASS IN THE SECOND DEGREE WHEN:
   17    1. HE OR SHE KNOWINGLY ENTERS OR REMAINS UNLAWFULLY IN A DWELLING; AND
   18    2.  INTENTIONALLY  EXPOSES THE PRIVATE OR INTIMATE PARTS OF HIS OR HER
   19  BODY IN A LEWD MANNER OR COMMITS ANY OTHER LEWD ACT IN A  PRIVATE  PREM-
   20  ISES UNDER CIRCUMSTANCES IN WHICH HE OR SHE MAY READILY BE OBSERVED FROM
   21  EITHER  A PUBLIC PLACE OR FROM OTHERS ON OR IN THE PRIVATE PREMISES, AND
   22  WITH INTENT THAT HE OR SHE BE SO OBSERVED.
   23    CRIMINAL TRESPASS IN THE SECOND DEGREE IS A CLASS D FELONY.
   24    S 4. The closing paragraph of section 140.17  of  the  penal  law,  as
   25  added by chapter 341 of the laws of 1969, is amended to read as follows:
   26    Criminal trespass in the first degree is a class [D] C felony.
   27    S 5. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00302-02-5