Bill Text: NY A10135 | 2015-2016 | 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; and designates public lewdness in the first degree as a sex offense for purposes of sex offender registration.

Spectrum: Slight Partisan Bill (Republican 7-4)

Status: (Introduced - Dead) 2016-05-12 - referred to codes [A10135 Detail]

Download: New_York-2015-A10135-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          10135
                   IN ASSEMBLY
                                      May 12, 2016
                                       ___________
        Introduced  by  M.  of  A.  SEPULVEDA  --  read once and referred 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].
    22    Public lewdness in the fourth degree is a class B misdemeanor.
    23    § 3. The penal law is amended by adding a new section 245.04  to  read
    24  as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02334-04-6
        A. 10135                            2
     1  § 245.04 Public lewdness in the third degree.
     2    A  person  is guilty of public lewdness in the third degree when he or
     3  she intentionally exposes the private or intimate parts of  his  or  her
     4  body  in  a  lewd  manner  or commits any other lewd act (a) in a public
     5  place, or (b) in a private premises under circumstances in which  he  or
     6  she  may  readily  be  observed from either a public place or from other
     7  private premises, and with the intent that he or she  be  observed  when
     8  the  offense is committed for the purpose, in whole or substantial part,
     9  of his or her own sexual gratification.
    10    Public lewdness in the third degree is a class A misdemeanor.
    11    § 4. The penal law is amended by adding two new  sections  245.06  and
    12  245.09 to read as follows:
    13  § 245.06 Public lewdness in the second degree.
    14    A  person is guilty of public lewdness in the second degree when he or
    15  she commits the crime of public lewdness in the third degree, as defined
    16  in section 245.04 of this article, and has previously been convicted  of
    17  such crime within the preceding ten years.
    18    Public lewdness in the second degree is a class E felony.
    19  § 245.09 Public lewdness in the first degree.
    20    A  person  is guilty of public lewdness in the first degree when he or
    21  she commits the crime of public lewdness in the third degree, as defined
    22  in section 245.04 of this article, and such crime is committed at a time
    23  or place where a child under the age of fourteen is present.
    24    Public lewdness in the first degree is a class D felony.
    25    § 5. Paragraph (b) of subdivision 4 of section 509-cc of  the  vehicle
    26  and  traffic  law,  as  amended  by  chapter 400 of the laws of 2011, is
    27  amended to read as follows:
    28    (b) The offenses referred to in subparagraph (ii) of paragraph (a)  of
    29  subdivision  one  and  paragraph  (b) of subdivision two of this section
    30  that result in permanent disqualification  shall  include  a  conviction
    31  under  sections  100.13, 105.15, 105.17, 115.08, 120.12, 120.70, 125.10,
    32  125.11,  130.40,  130.53,  130.60,  130.65-a,  135.20,  160.15,  220.18,
    33  220.21,  220.39, 220.41, 220.43, 220.44, 230.25, 245.04, 245.06, 245.09,
    34  260.00, 265.04 of the penal law or an attempt to commit any of the afor-
    35  esaid offenses under section 110.00 of the penal law,  or  any  offenses
    36  committed under a former section of the penal law which would constitute
    37  violations  of  the aforesaid sections of the penal law, or any offenses
    38  committed outside this state which would constitute  violations  of  the
    39  aforesaid sections of the penal law.
    40    §  6.  Subparagraph  (i)  of paragraph (a) of subdivision 2 of section
    41  168-a of the correction law, as amended by chapter 368 of  the  laws  of
    42  2015, is amended to read as follows:
    43    (i)  a  conviction  of or a conviction for an attempt to commit any of
    44  the provisions of  sections  120.70,  130.20,  130.25,  130.30,  130.40,
    45  130.45,  130.60,  230.34,  245.09,  250.50, 255.25, 255.26 and 255.27 or
    46  article two hundred sixty-three of the penal  law,  or  section  135.05,
    47  135.10,  135.20  or  135.25 of such law relating to kidnapping offenses,
    48  provided the victim of such kidnapping or related offense is  less  than
    49  seventeen years old and the offender is not the parent of the victim, or
    50  section  230.04, where the person patronized is in fact less than seven-
    51  teen years of age, 230.05[,] or 230.06[,  230.11,  230.12,  230.13,]  or
    52  subdivision  two  of section 230.30, or section 230.32[,] or 230.33[, or
    53  230.34] of the penal law[, or section 230.25 of the penal law where  the
    54  person prostituted is in fact less than seventeen years old], or
    55    § 7. This act shall take effect on the first of November next succeed-
    56  ing the date on which it shall have become a law.