Bill Text: NY S03805 | 2013-2014 | General Assembly | Amended

New York Senate Bill 3805 (Prior Session Legislation)

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: Partisan Bill (Republican 5-0)

Status: (Engrossed - Dead) 2014-06-12 - referred to codes [S03805 Detail]

Download: New_York-2013-S03805-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3805--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   February 19, 2013
                                      ___________
       Introduced  by Sens. ZELDIN, FLANAGAN, GOLDEN, LARKIN, MARCHIONE -- read
         twice and ordered printed, and when printed to  be  committed  to  the
         Committee on Codes -- recommitted to the Committee on Codes in accord-
         ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
         ordered reprinted as amended and recommitted to said committee
       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    S 2. Section 245.00 of the penal law, as amended by chapter 748 of the
    9  laws of 1968, is amended to read as follows:
   10  S 245.00 Public lewdness IN THE FOURTH DEGREE.
   11    A person is guilty of public lewdness IN THE FOURTH DEGREE when he  OR
   12  SHE  intentionally  exposes  the private or intimate parts of his OR HER
   13  body in a lewd manner or commits any other lewd  act  (a)  in  a  public
   14  place, or (b) in private premises under circumstances in which he OR SHE
   15  may readily be observed from either a public place or from other private
   16  premises, and with intent that he OR SHE be so observed.
   17    Public lewdness IN THE FOURTH DEGREE is a class B misdemeanor.
   18    S  3.  The penal law is amended by adding a new section 245.03 to read
   19  as follows:
   20  S 245.03 PUBLIC LEWDNESS IN THE THIRD DEGREE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04787-04-4
       S. 3805--A                          2
    1    A PERSON IS GUILTY OF PUBLIC LEWDNESS IN THE THIRD DEGREE WHEN  HE  OR
    2  SHE  INTENTIONALLY  EXPOSES  THE PRIVATE OR INTIMATE PARTS OF HIS OR HER
    3  BODY IN A LEWD MANNER OR COMMITS ANY OTHER LEWD  ACT  (A)  IN  A  PUBLIC
    4  PLACE,  OR  (B) IN A PRIVATE PREMISES UNDER CIRCUMSTANCES IN WHICH HE OR
    5  SHE  MAY  READILY  BE  OBSERVED FROM EITHER A PUBLIC PLACE OR FROM OTHER
    6  PRIVATE PREMISES, AND WITH THE INTENT THAT HE OR SHE  BE  OBSERVED  WHEN
    7  THE  OFFENSE IS COMMITTED FOR THE PURPOSE, IN WHOLE OR SUBSTANTIAL PART,
    8  OF HIS OR HER OWN SEXUAL GRATIFICATION.
    9    PUBLIC LEWDNESS IN THE THIRD DEGREE IS A CLASS A MISDEMEANOR.
   10    S 4. The penal law is amended by adding two new  sections  245.06  and
   11  245.09 to read as follows:
   12  S 245.06 PUBLIC LEWDNESS IN THE SECOND DEGREE.
   13    A  PERSON IS GUILTY OF PUBLIC LEWDNESS IN THE SECOND DEGREE WHEN HE OR
   14  SHE COMMITS THE CRIME OF PUBLIC LEWDNESS IN THE THIRD DEGREE, AS DEFINED
   15  IN SECTION 245.03 OF THIS ARTICLE, AND HAS PREVIOUSLY BEEN CONVICTED  OF
   16  SUCH CRIME WITHIN THE PRECEDING TEN YEARS.
   17    PUBLIC LEWDNESS IN THE SECOND DEGREE IS A CLASS E FELONY.
   18  S 245.09 PUBLIC LEWDNESS IN THE FIRST DEGREE.
   19    A  PERSON  IS GUILTY OF PUBLIC LEWDNESS IN THE FIRST DEGREE WHEN HE OR
   20  SHE COMMITS THE CRIME OF PUBLIC LEWDNESS IN THE THIRD DEGREE, AS DEFINED
   21  IN SECTION 245.03 OF THIS ARTICLE, AND SUCH CRIME IS COMMITTED AT A TIME
   22  OR PLACE WHERE A CHILD UNDER THE AGE OF FOURTEEN IS LIKELY TO  BE  PRES-
   23  ENT.   FOR PURPOSES OF THIS SECTION, IT IS NOT NECESSARY THAT SUCH CHILD
   24  IS ACTUALLY PRESENT OR WITNESSES ACTS PROHIBITED UNDER THIS SECTION.
   25    PUBLIC LEWDNESS IN THE FIRST DEGREE IS A CLASS D FELONY.
   26    S 5. Paragraph (b) of subdivision 4 of section 509-cc of  the  vehicle
   27  and  traffic  law,  as  amended  by  chapter 400 of the laws of 2011, is
   28  amended to read as follows:
   29    (b) The offenses referred to in subparagraph (ii) of paragraph (a)  of
   30  subdivision  one  and  paragraph  (b) of subdivision two of this section
   31  that result in permanent disqualification  shall  include  a  conviction
   32  under  sections  100.13, 105.15, 105.17, 115.08, 120.12, 120.70, 125.10,
   33  125.11,  130.40,  130.53,  130.60,  130.65-a,  135.20,  160.15,  220.18,
   34  220.21,  220.39, 220.41, 220.43, 220.44, 230.25, 245.03, 245.06, 245.09,
   35  260.00, 265.04 of the penal law or an attempt to commit any of the afor-
   36  esaid offenses under section 110.00 of the penal law,  or  any  offenses
   37  committed under a former section of the penal law which would constitute
   38  violations  of  the aforesaid sections of the penal law, or any offenses
   39  committed outside this state which would constitute  violations  of  the
   40  aforesaid sections of the penal law.
   41    S  6.  Subparagraph  (i)  of paragraph (a) of subdivision 2 of section
   42  168-a of the correction law, as amended by chapter 405 of  the  laws  of
   43  2008, is amended to read as follows:
   44    (i)  a  conviction  of or a conviction for an attempt to commit any of
   45  the provisions of  sections  120.70,  130.20,  130.25,  130.30,  130.40,
   46  130.45,  130.60,  230.34,  245.09,  250.50, 255.25, 255.26 and 255.27 or
   47  article two hundred sixty-three of the penal  law,  or  section  135.05,
   48  135.10,  135.20  or  135.25 of such law relating to kidnapping offenses,
   49  provided the victim of such kidnapping or related offense is  less  than
   50  seventeen years old and the offender is not the parent of the victim, or
   51  section  230.04, where the person patronized is in fact less than seven-
   52  teen years of age, 230.05 or  230.06,  or  subdivision  two  of  section
   53  230.30, or section 230.32 or 230.33 of the penal law, or
   54    S 7. This act shall take effect on the first of November next succeed-
   55  ing the date on which it shall have become a law.