Assembly Bill A2761B

Signed By Governor
2015-2016 Legislative Session

Expands the class B misdemeanor of public lewdnes to include the commission of a lewd act while trespassing in a dwelling and being observed by a lawful occupant

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Archive: Last Bill Status - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

multi-Sponsors

2015-A2761 - Details

See Senate Version of this Bill:
S4166
Law Section:
Penal Law
Laws Affected:
Amd §245.00, Pen L
Versions Introduced in 2013-2014 Legislative Session:
A8399, S5964

2015-A2761 - Summary

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.

2015-A2761 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2761

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced by M. of A. MAYER, OTIS, PAULIN, RAIA, DUPREY, STECK, JAFFEE,
  COLTON, MARKEY, ZEBROWSKI, GALEF, CROUCH, WALTER, HOOPER, FINCH, HEVE-
  SI  --  Multi-Sponsored  by -- M. of A. ABBATE, ARROYO, BARCLAY, COOK,
  GLICK, HIKIND, McKEVITT, RIVERA, SCHIMMINGER,  SIMANOWITZ,  TITONE  --
  read once and referred 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00302-02-5

co-Sponsors

multi-Sponsors

2015-A2761A - Details

See Senate Version of this Bill:
S4166
Law Section:
Penal Law
Laws Affected:
Amd §245.00, Pen L
Versions Introduced in 2013-2014 Legislative Session:
A8399, S5964

2015-A2761A - Summary

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.

2015-A2761A - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2761--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced by M. of A. MAYER, OTIS, PAULIN, RAIA, DUPREY, STECK, JAFFEE,
  COLTON, MARKEY, ZEBROWSKI, GALEF, CROUCH, WALTER, HOOPER, FINCH, HEVE-
  SI  --  Multi-Sponsored  by -- M. of A. ABBATE, ARROYO, BARCLAY, COOK,
  GLICK, HIKIND, McKEVITT, RIVERA, SCHIMMINGER,  SIMANOWITZ,  TITONE  --
  read  once  and  referred  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 the crime of lewd criminal
  trespass

  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 140.18 to
read as follows:
S 140.18 LEWD CRIMINAL TRESPASS.
  A PERSON IS GUILTY OF LEWD CRIMINAL TRESPASS WHEN HE OR SHE:
  1. KNOWINGLY ENTERS OR REMAINS UNLAWFULLY IN A DWELLING, AND
  2. WHEN, IN THE COURSE OF COMMITTING SUCH  CRIME,  HE  OR  SHE  INTEN-
TIONALLY  EXPOSES  HIS OR HER PRIVATE OR INTIMATE PARTS IN A LEWD MANNER
OR COMMITS ANY OTHER LEWD ACT IN A PRIVATE PREMISES UNDER  CIRCUMSTANCES
IN WHICH HE OR SHE MAY BE READILY OBSERVED FROM EITHER A PUBLIC PLACE OR
FROM OTHERS IN THE PRIVATE PREMISES.
  LEWD CRIMINAL TRESPASS IS A CLASS C FELONY.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00302-07-5

co-Sponsors

multi-Sponsors

2015-A2761B (ACTIVE) - Details

See Senate Version of this Bill:
S4166
Law Section:
Penal Law
Laws Affected:
Amd §245.00, Pen L
Versions Introduced in 2013-2014 Legislative Session:
A8399, S5964

2015-A2761B (ACTIVE) - Summary

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.

2015-A2761B (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2761--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced by M. of A. MAYER, OTIS, PAULIN, RAIA, DUPREY, STECK, JAFFEE,
  COLTON, MARKEY, ZEBROWSKI, GALEF, CROUCH, WALTER, HOOPER, FINCH, HEVE-
  SI  --  Multi-Sponsored  by -- M. of A. ABBATE, ARROYO, BARCLAY, COOK,
  GLICK, HIKIND, McKEVITT, RIVERA, SCHIMMINGER,  SIMANOWITZ,  TITONE  --
  read  once  and  referred  to  the  Committee  on  Codes  -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- again reported from said  committee  with  amend-
  ments, 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 opening paragraph of section 245.00 of the  penal  law,
as  amended  by  chapter  748 of the laws of 1968, is amended to read as
follows:
  A person is guilty of public lewdness when  he  OR  SHE  intentionally
exposes  the  private  or  intimate  parts  of his OR HER body in a lewd
manner or commits any other lewd act: (a) in a public place, or (b)  (I)
in  private  premises under circumstances in which he OR SHE may readily
be observed from either a public place or from other  private  premises,
and  with  intent that he OR SHE be so observed, OR (II) WHILE TRESPASS-
ING, AS DEFINED IN SECTION 140.05 OF THIS PART, IN A DWELLING AS DEFINED
IN SUBDIVISION THREE OF SECTION 140.00 OF THIS PART, UNDER CIRCUMSTANCES
IN WHICH HE OR SHE IS OBSERVED BY A LAWFUL OCCUPANT.
  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.
                                                           LBD00302-08-5

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