Bill Text: NY A00319 | 2023-2024 | General Assembly | Introduced

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Bill Title: Adds to the crime of public lewdness the electronic transmission of an image depicting exposed private or intimate parts without the consent of the recipient.

Spectrum: Moderate Partisan Bill (Democrat 32-4)

Status: (Introduced) 2024-01-03 - referred to codes [A00319 Detail]

Download: New_York-2023-A00319-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           319

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     January 4, 2023
                                       ___________

        Introduced  by  M.  of A. PAULIN, SEAWRIGHT, DINOWITZ, DICKENS, GUNTHER,
          BRONSON,  BUTTENSCHON,  SIMON,  ROZIC,  WILLIAMS,  BURGOS,   ZINERMAN,
          SILLITTI,  WOERNER,  FAHY, JENSEN, THIELE, GLICK, J. A. GIGLIO, ANDER-
          SON, JACKSON, BYRNES, STERN, SEPTIMO,  AUBRY,  SMITH,  GONZALEZ-ROJAS,
          STIRPE,  GALLAGHER,  KELLES,  CLARK, CRUZ, L. ROSENTHAL -- Multi-Spon-
          sored by -- M. of A.  HEVESI, STECK -- read once and referred  to  the
          Committee on Codes

        AN  ACT to amend the penal law, in relation to the crime of public lewd-
          ness

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

     1    Section  1. Section 245.00 of the penal law, as amended by chapter 748
     2  of the laws of 1968 and the opening paragraph as amended by chapter  373
     3  of the laws of 2015, is amended to read as follows:
     4  § 245.00 Public lewdness.
     5    A  person  is  guilty  of public lewdness when [he or she] they inten-
     6  tionally [exposes]:
     7    1. Expose the private or intimate parts of [his or her] their body  in
     8  a  lewd  manner  or [commits] commit any other lewd act: (a) in a public
     9  place, or (b) (i) in private premises under circumstances in  which  [he
    10  or  she] they may readily be observed from either a public place or from
    11  other private premises, and with intent that [he  or  she]  they  be  so
    12  observed,  or  (ii)  while  trespassing, as defined in section 140.05 of
    13  this part, in a dwelling, as defined in  subdivision  three  of  section
    14  140.00  of  this  part, under circumstances in which [he or she is] they
    15  are observed by a lawful occupant[.]; or
    16    2. Electronically transmit to one or  more  persons  in  or  around  a
    17  public place an image depicting exposed private or intimate parts, with-
    18  out the consent of such person or persons.
    19    Public lewdness is a class B misdemeanor.
    20    §  2.  This  act shall take effect on the ninetieth day after it shall
    21  have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02077-02-3