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History
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Full text
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Sponsor's memo
BILL NUMBER:S7132
Title of bill
An act to amend the penal law, in relation to public lewdness; to amend the vehicle and traffic law, in relation to designating public lewdness in the first degree as an offense which results in permanent disqualification as a bus driver; and to amend the correction law, in relation to designating public lewdness in the first degree as a sex offense for purposes of the sex offender registration
Purpose
To designate public lewdness as public lewdness in the third degree, to establish the class A misdemeanor of public lewdness in the second degree, and to establish the class E felony of public lewdness in the first degree. Public lewdness in the second degree would be entail public lewdness in the third degree plus an intent to commit such act for the purpose of one's own sexual gratification. Public lewdness in the first degree would be applicable to offenders who already have two prior convictions of public lewdness in the second degree. A conviction of public lewdness in the first degree would require registration on New York State's Sex Offender Registration Act.
Read the full memo (705 words)
Summary of provisions
Section 245.00 of the penal law is amended to change the classification of the crime of public lewdness to public lewdness in the third degree for which the punishment remains a class B misdemeanor. The penal law is amended by adding a new section 245.03 to create the crime of public lewdness in the second degree which is punishable as a class A misdemeanor. The penal law is also amended by adding a new section 245.06 to create the crime of public lewdness in the first degree which is punishable as a class E felony.
The vehicle and traffic law is amended to add penal law sections 245.03 and 245.06 as disqualifying crimes for school bus drivers.
The corrections law is amended to add penal law section 245.06 as a crime that would require registration on the New York State Sex Offender Registry.
Justification
Exhibitionism, more commonly known as "flashing," has long been viewed as a nuisance crime. However, according to studies, these types of offenders have the highest rate of recidivism compared to any other sex offender. One longitudinal study indicates that 24% of exhibitionists reoffend, and 10% graduate to contact sexual offenses, such as sexual touching or sexual assault.
In working with Parents for Megan's Law and the Crime Victims Center in Stony Brook, NY, the sponsor of this legislation has ascertained
information they have collected in working with the Suffolk County Police Department since 2003 on the recidivism of public lewdness offenses as well as the linkage to contact sexual offenses. However, the following incident which recently took place in the sponsor's district makes it evident that individuals who have been convicted of public lewdness on two or more occasions should most definitely be charged with public lewdness in the first degree which, if convicted, would classify such individual as a sex offender on the New York State Sex Offender Registration Act.
On February 22, 2012, a repeat public lewdness offender was arrested in a popular children's chain restaurant and entertainment center for touching his private area while standing next to two 12-year-old girls. Records indicate that this offender had ten prior public lewdness offense arrests, committed in public libraries, retail chain stores, a beach, and in the children's section of a well known retail book store, where he was captured on videotape masturbating. Furthermore, in Nassau and Suffolk Counties combined, the offender has five public lewdness convictions, four endangering the welfare of a child convictions and one conviction for stalking.
Moreover, an evaluation of Suffolk County arrest records, ascertained by Parents for Megan's Law through a freedom of information law request, indicates that of 521 individuals arrested for public lewdness, 22 offenders had three or more arrests for that same offense. Certainly, the repeat intentional and predatory targeting of women and children to commit acts of public lewdness is worthy of registration and supervision as a sex offender.
Legislative history
This is a new bill.
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.