Establishes the crime of exposure of a person on school grounds; makes such crime a class E felony.
TITLE OF BILL: An act to amend the penal law, in relation to establishing the crime of exposure of a person on school grounds
PURPOSE: Establishes the crime of exposure on school grounds as an E-Felony.
SUMMARY OF PROVISIONS: This bill amends the penal law to increase the penalties for inappropriate exposure of intimate parts on school grounds. It encompasses the violation as revealing to include any intimate or private areas of an individual's body as being unclothed or exposed. Included is the breast area of a female below the areola, with the exception of breast feeding for infants or entertainers performing in a play, exhibition, or show.
JUSTIFICATION: Protecting our children from adverse behavior begins on school grounds. Providing additional protections to our school property prohibiting the display of such vile behavior to our youth is of the utmost importance. Children need not be exposed or affected by such adverse behavior while attending an educational facility. In addition to protecting our youth, increasing the criminal punishment will deter such perverse behavior on school grounds. Raising the criminal penalties to an E felony will provide swift and severe punishment to those who would endanger the welfare of children who, while under the vigilance of school faculty, are away from the safety of their homes under the protection of this great state.
LEGISLATIVE HISTORY: S.4110 of 2007/2008 S.2795 of 2009/2010
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 4915 2011-2012 Regular Sessions IN SENATE April 29, 2011 ___________Introduced by Sen. NOZZOLIO -- 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 establishing the crime of exposure of a person on school grounds 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 EXPOSURE OF A PERSON ON SCHOOL GROUNDS. A PERSON IS GUILTY OF EXPOSURE ON SCHOOL GROUNDS AS SUCH TERM IS DEFINED IN SUBDIVISION FOURTEEN OF SECTION 220.00 OF THIS CHAPTER, IF HE OR SHE APPEARS ON SCHOOL GROUNDS IN SUCH A MANNER THAT THE PRIVATE OR INTIMATE PARTS OF HIS OR HER BODY ARE UNCLOTHED OR EXPOSED. FOR PURPOSES OF THIS SECTION, THE PRIVATE OR INTIMATE PARTS OF A FEMALE PERSON SHALL INCLUDE THAT PORTION OF THE BREAST WHICH IS BELOW THE TOP OF THE AREOLA. THIS SECTION SHALL NOT APPLY TO THE BREASTFEEDING OF INFANTS OR TO ANY PERSON ENTERTAINING OR PERFORMING IN A PLAY, EXHIBITION, SHOW OR ENTER- TAINMENT. EXPOSURE OF A PERSON ON SCHOOL GROUNDS IS A CLASS E FELONY. 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. LBD00338-01-1