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History
- Substituted by A8196
- Advanced to third reading
- 2nd report cal.
- 1st report cal.906
- Referred to codes
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Establishes the crime of public lewdness in the first degree
Signed by Governor · Sponsor Patricia Fahy
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5957
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.