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S4166Senate2015-2016 SessionSame asA2761

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

Sponsor George LatimerSD-37Affects Legal
Status
Senate Floor Calendar
Impact
Pending
Outcome
Companion signed

Bill progress

Signed via A2761

What's happening

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Who cares

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Sponsors

Primary sponsor
George Latimer

Senator · Senate District 37

No co-sponsors yet.

History

  1. Substituted by A2761B
  2. Amended on third reading (t) 4166c
  3. Vote reconsidered - restored to third reading
  4. Returned to senate
  5. Recalled from assembly
  6. Referred to codes
  7. Delivered to assembly
  8. Passed senateVote 56–2
  9. Ordered to third reading cal.1001
  10. Reported and committed to rules
  11. Print number 4166b
  12. Amend and recommit to codes
Show 3 earlier actions
  1. Print number 4166a
  2. Amend (t) and recommit to codes
  3. Referred to codes

Companion bill

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S4166C

Title of bill

An act to amend the penal law, in relation to public lewdness

Purpose

This bill increases the penalties for people that violate criminal trespass and engage in deviate activities.

Summary of provisions

Section 1. The penal law is amended by adding a new section 140.18 to read as follows: 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 intentionally exposes his or her private of 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 other in the private premises.

Lewd criminal trespass is a class C felony.

§ 5. This act shall 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

10/23/13 (LATIMERE) S 5964-A REFERRED TO RULES 01/08/14 (LATIMERE) " " " REFERRED TO CODES 01/15/14 (Mayer) A 8399-A referred to codes

Fiscal implications

None to New York State.

Local fiscal implications

To be determined

Effective date

This act shall take effect the first of November after it shall have become law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.