This bill has been amended

Bill S4166-2015

Relates to criminal trespass and establishes the crime of criminal trespass in the second degree

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.

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  • Mar 4, 2015: REFERRED TO CODES

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BILL NUMBER:S4166

TITLE OF BILL:

An act to amend the penal law, in relation to the crime of criminal trespass

PURPOSE:

This bill increases the penalties for people that violate criminal trespass and engage in deviate activities.

SUMMARY OF PROVISIONS:

Section 1. The section heading and the closing paragraph of section 140.10 of the penal law, as amended by chapter 192 of the laws of 1987, are amended to read as follows:

Criminal trespass in the (third) fourth degree.

Criminal trespass in the (third) fourth degree is a class B misdemeanor.

§ 2. The section heading and the closing paragraph of section 140.15 of the penal law, as amended by chapter 31.5 of the laws of 2010, are amended to read as follows:

Criminal trespass in the (second) third degree.

Criminal trespass in the (second) third degree is a class A misdemeanor.

§ 3 The penal law is amended by adding a new section 140.16 to read as follows: § 140.16 Criminal trespass in the second degree.

A person is guilty of criminal trespass in the second degree when:

1. he or she knowingly enters or remains unlawfully in a dwelling; and

2. intentionally exposes the private or intimate parts of his or her body in a lewd manner or commits any other lewd act in a private premises under circumstances in which he or she may readily be observed from either a public place or from others on or in the private premises, and with intent that he or she be so observed. Criminal trespass in the second degree is a class D felony.

§ 4. The closing paragraph of section 140.17 of the penal law, as added by chapter 341 of the laws of 1969, is amended to read as follows:

Criminal trespass in the first degree is a class (D) C felony.

§ 5. This act shall take effect immediately.

EXISTING LAW:

There is no current statute to cover this type of offense.

JUSTIFICATION:

The statute currently allows for criminals to be prosecuted for trespassing but other activities that would normally be considered criminal, because of where these activities took place, cannot be prosecuted.

Example: A middle aged woman was home making dinner for her son. When she turned around and walked into her dining room, she found her 40 year old neighbor masturbating She screamed and he ran out of the house. She also ran out of the house to her other neighbor's home.

That neighbor called the police and they came to arrest the individual. When she and her husband went to press charges they were told that trespass was all they could charge him with. She was unable to press any sexual assault charges because it happened inside her home. If it had happened on her front lawn the individual would have been charged with sexual assault, and lewdness or indecent exposure violations Unfortunately that was not the case. The individual was charged with simple trespass and set free. He has since stalked her and harassed her.

Unfortunately the police have been unable catch him in the act. This bill will address the problem by expanding penalties for people that violate criminal trespass and engage in deviate behavior.

LEGISLATIVE HISTORY:

10/23/13 (LATIMERE) S 5964-A REFERRED TO RULES 01/08/14 (LATIMERE) " " " REFERRED TO CODES 01/15/14 (Mayer) A 8399-A referred to codes

FISCAL IMPLICATIONS:

None to New York State.

LOCAL FISCAL IMPLICATIONS:

To be determined

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4166 2015-2016 Regular Sessions IN SENATE 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: Section 1. The section heading and the closing paragraph of section 140.10 of the penal law, as amended by chapter 192 of the laws of 1987, are amended to read as follows: Criminal trespass in the [third] FOURTH degree. Criminal trespass in the [third] FOURTH degree is a class B misdemea- nor. S 2. The section heading and the closing paragraph of section 140.15 of the penal law, as amended by chapter 315 of the laws of 2010, are amended to read as follows: Criminal trespass in the [second] THIRD degree. Criminal trespass in the [second] THIRD degree is a class A misdemea- nor. S 3. The penal law is amended by adding a new section 140.16 to read as follows: S 140.16 CRIMINAL TRESPASS IN THE SECOND DEGREE. A PERSON IS GUILTY OF CRIMINAL TRESPASS IN THE SECOND DEGREE WHEN: 1. HE OR SHE KNOWINGLY ENTERS OR REMAINS UNLAWFULLY IN A DWELLING; AND 2. INTENTIONALLY EXPOSES THE PRIVATE OR INTIMATE PARTS OF HIS OR HER BODY IN A LEWD MANNER OR COMMITS ANY OTHER LEWD ACT IN A PRIVATE PREM- ISES UNDER CIRCUMSTANCES IN WHICH HE OR SHE MAY READILY BE OBSERVED FROM EITHER A PUBLIC PLACE OR FROM OTHERS ON OR IN THE PRIVATE PREMISES, AND WITH INTENT THAT HE OR SHE BE SO OBSERVED. CRIMINAL TRESPASS IN THE SECOND DEGREE IS A CLASS D FELONY. S 4. The closing paragraph of section 140.17 of the penal law, as added by chapter 341 of the laws of 1969, is amended to read as follows: Criminal trespass in the first degree is a class [D] C felony. S 5. This act shall take effect immediately.

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