Expands the class A misdemeanor of public lewdness in the first degree to include the commission of public lewdness after having been convicted of a public lewdness offense in the previous 3 years

BILL NUMBER:S4510

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

Creates public lewdness in the second degree, a class A misdemeanor

Summary of provisions

Section 245.03 of the Penal law is ameded.

Justification

Public lewdness involves intentionally exposing the private or intimate parts of one's body in a lewd manner in a public place or in a private place under circumstances in which he may be readily to be observed. Public lewdness offenses can lead to serious consequences and cause enduring trauma for those who find themselves victim to it. Offenders often aim their public lewdness at minors and at women, and law enforcement officials have indicated that perpetrators often have a long history of such acts and of other sex crimes. Therefore, it is important to appropriately punish and deter serial offenders with higher penalties for multiple offenses of public lewdness. Right now, under state law public lewdness is only a B misdemeanor, regardless of how often a person re-offends. It is important to raise this penalty to an A misdemeanor for multiple offenses.

Prior legislative history

2014: S4829-A Referred to Codes/ A6770-A Referred to Codes

Fiscal implications

None

Effective date

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