Bill S5964A-2013

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

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

Details

Actions

  • Apr 4, 2014: PRINT NUMBER 5964A
  • Apr 4, 2014: AMEND (T) AND RECOMMIT TO CODES
  • Jan 8, 2014: REFERRED TO CODES
  • Oct 23, 2013: REFERRED TO RULES

Memo

BILL NUMBER:S5964A

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 of section 140.10 of the penal law, as amended by chapter 192 of the laws of 1987, is amended to read as follows: Criminal trespass in the fourth degree.

§ 2. The section heading of section 140.15 of the penal law, as amended by chapter 315 of the laws of 2010, is amended to read as follows: Criminal trespass in the third degree.

§ 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 and/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 C felony

§ 5. This act to 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:

None.

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 ________________________________________________________________________ 5964--A 2013-2014 Regular Sessions IN SENATE October 23, 2013 ___________
Introduced by Sen. LATIMER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- recommitted to the Committee on Codes in accordance 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 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 of section 140.10 of the penal law, as amended by chapter 192 of the laws of 1987, is amended to read as follows: Criminal trespass in the [third] FOURTH degree. S 2. The section heading of section 140.15 of the penal law, as amended by chapter 315 of the laws of 2010, is amended to read as follows: Criminal trespass in the [second] THIRD degree. 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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