Establishes the crime of public lewdness in the first degree.
TITLE OF BILL: An act to amend the penal law, in relation to public lewdness in the first degree
PURPOSE OR GENERAL IDEA OF BILL: To create a new crime of Public Lewdness in the first degree in order to enhance penalties, from a class "B" misdemeanor to a class "A" misdemeanor, for persons, 19 years or older, who intentionally expose a private or intimate part in the presence of a child under the age of 16 years, or for persons who repeatedly commit Public Lewdness.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 creates a new penal law section 245.03 Public Lewdness in the first degree. This provides that it shall be a class "A" misdemeanor for a person, being 19 years or older, to intentionally expose their private or intimate parts in the presence of a child under the age of 16 years, or for persons who commit a lewd act and have been convicted of Public Lewdness within the preceding year.
JUSTIFICATION: Recent Public Lewdness crimes in Albany demonstrate the need for increased penalties for someone who is a repeat offender and/or who intentionally commits certain lewd acts in the presence of children. In 2012 in the City of Albany, one individual was arrested on 5 Public Lewdness, Stalking and Criminal Trespass charges. This individual was sentenced to 9 months in Albany County Jail in February 2013 and served about 5 months (still considered a full term with time served and merit time calculated in). After his release from jail in June 2013, he was almost immediately arrested for re-offending (and subsequently released) on 3 more occasions during June, July and August 2013. This same individual was arrested a 5th time in September 2013 for trying to engage 2 middle school aged girls and pursuing them down the block and exposing himself to them. The individual was remanded to jail and his case is pending.
The public and children in particular are placed at risk when there are not laws in place to address Public Lewdness offenses that rise to this more serious level. There are studies which indicate that over 24% of persons who commit public lewdness crimes will re-offend.
This bill provides the ability to levy the greater penalties associated with a class "A" misdemeanor in instances in which an individual is repeatedly arrested on public lewdness charges and/or when an individual commits certain acts of Public Lewdness in the presence of vulnerable, young children; thus, increasing both the safety of children and the general public.
LEGISLATIVE HISTORY: none
EFFECTIVE DATE: The November next succeeding the date on which this act shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 5957 2013-2014 Regular Sessions IN SENATE October 16, 2013 ___________Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the penal law, in relation to public lewdness in the first degree 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 FIRST DEGREE. A PERSON IS GUILTY OF PUBLIC LEWDNESS IN THE FIRST DEGREE WHEN: 1. BEING NINETEEN YEARS OF AGE OR OLDER AND INTENDING TO BE OBSERVED BY A PERSON LESS THAN SIXTEEN YEARS OF AGE IN A PLACE DESCRIBED IN SUBDIVISION (A) OR (B) OF SECTION 245.00 OF THIS ARTICLE, HE OR SHE INTENTIONALLY EXPOSES THE PRIVATE OR INTIMATE PARTS OF HIS OR HER BODY IN A LEWD MANNER FOR THE PURPOSE OF ALARMING OR SERIOUSLY ANNOYING SUCH PERSON, AND HE OR SHE IS THEREBY OBSERVED BY SUCH PERSON IN SUCH PLACE; OR 2. HE OR SHE COMMITS THE CRIME OF PUBLIC LEWDNESS, AS DEFINED IN SECTION 245.00 OF THIS ARTICLE, AND WITHIN THE PRECEDING YEAR HAS BEEN CONVICTED OF AN OFFENSE DEFINED IN SUCH SECTION 245.00 OR THIS SECTION. PUBLIC LEWDNESS IN THE FIRST 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. LBD11877-02-3