What's happening
This bill increases the lookback period for prior convictions when charging public lewdness in the first degree from one year to three years.
Why it matters
Makes it easier to charge repeat offenders with the more serious crime of first-degree public lewdness. by expanding the timeframe in which prior convictions count—from one to three years—potentially increasing accountability for habitual offenders.
May lead to harsher penalties for individuals with repeated offenses. by allowing prosecutors to use older prior convictions as the basis for elevating charges, which could impact sentencing and plea negotiations.
Could affect recidivism tracking and law enforcement efforts. by broadening the window for considering prior conduct, possibly encouraging a stronger deterrent effect for those previously convicted of public lewdness.
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Who cares
Headline styles
Toughen Repeat Lewdness Penalties
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6190
2017-2018 Regular Sessions
IN SENATE
May 11, 2017
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to public lewdness in the first degree
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 245.03 of the penal law, as added by chapter 186 of the laws of 2014, is amended to read as follows:
2. he or she commits the crime of public lewdness, as defined in section 245.00 of this article, and [within the preceding year] has been convicted of [an offense defined in] such [section 245.00] crime or of a violation of this section within the preceding three years.
§ 2. This act shall take effect on the first of November next succeeding 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.
LBD11649-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 amended.
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 enforce- ment officials have indicated that perpetrators often have a long histo- ry, 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 misde- meanor for multiple offenses.
Prior legislative history
2017:S.6190 -Referred to Codes 2016:S.4510 -Referred to Codes 2015:S.4510 -Referred to Codes 2014:S.4829A- Referred to Codes / A.6770A - Referred to Codes 2013:S.4829A- Passed Senate / A.6770A - Recommit to Codes
Fiscal implications
None
Effective date
This act shall take effect on the first of November after it shall become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.