Creates public lewdness in the second degree, a class A misdemeanor.
Ayes (60): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (2): Hoylman, Montgomery
Excused (1): Sampson
TITLE OF BILL: An act to amend the penal law, in relation to public lewdness
PURPOSE OR GENERAL IDEA OF BILL:
Creates public lewdness in the second degree, a class A misdemeanor
SUMMARY OF PROVISIONS:
The penal law is amended by adding a new section 245.03
Public lewdness involves intentionally exposing the private or intimate parts of one's body in a lewd manner in a public place or in a private place under circumstances in which he may be readily to be observed. Public lewdness offenses can lead to serious consequences and cause enduring trauma for those who find themselves victim to it. Offenders often aim their public lewdness at minors and at women, and law enforcement officials have indicated that perpetrators often have a long history of such acts and of other sex crimes. Therefore, it is important to appropriately punish and deter serial offenders with higher penalties for multiple offenses of public lewdness. Right now, under state law public lewdness is only a B misdemeanor, regardless of how often a person re-offends. It is important to raise this penalty to an A misdemeanor for multiple offenses.
PRIOR LEGISLATIVE HISTORY:
This act shall take effect on the first of November after it shall become law.
STATE OF NEW YORK ________________________________________________________________________ 4829--A 2013-2014 Regular Sessions IN SENATE April 25, 2013 ___________Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- 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 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The penal law is amended by adding a new section 245.03 to read as follows: S 245.03 PUBLIC LEWDNESS IN THE SECOND DEGREE. A PERSON IS GUILTY OF PUBLIC LEWDNESS IN THE SECOND DEGREE WHEN HE OR SHE COMMITS THE CRIME OF PUBLIC LEWDNESS, AS DEFINED IN SECTION 245.00 OF THIS ARTICLE, AND HAS PREVIOUSLY BEEN CONVICTED OF SUCH CRIME WITHIN THE PRECEDING THREE YEARS. PUBLIC LEWDNESS IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09987-05-3