What's happening
This bill creates degrees of public lewdness offenses, increases penalties, and adds the most serious offense to sex offender and bus driver disqualification laws.
Why it matters
Creates a tiered system for public lewdness offenses. , establishing four degrees of severity with escalating penalties—from a class B misdemeanor (fourth degree) up to a class D felony (first degree), allowing for more proportionate sentencing based on circumstances and repeat offenses.
Targets repeat and aggravated behavior. , making public lewdness a felony if committed by repeat offenders within ten years (second degree) or if the act is knowingly committed in the presence of a child under 14 (first degree), signaling a focus on protecting minors and deterring recidivism.
Expands the consequences of the most serious public lewdness offenses. , by including first-degree public lewdness as a registerable sex offense and as a permanent disqualifier for bus driver employment, thereby increasing the long-term impact for those convicted and aiming to enhance public safety.
Refines legal definitions to clarify intent and harm. , emphasizing sexual gratification as an element of higher-degree offenses and removing some prior language, which could lead to more precise prosecution and potentially reduce misuse or overbroad application of the law.
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Who cares
Prosecutors and criminal defense attorneys
The bill would create a class A misdemeanor for lewd acts committed for sexual gratification and a class E felony for repeating that offense within ten years.
Children under 14 and child protection advocates
The bill would make that sexual-gratification offense a class D felony when a child under 14 is present and add convictions or attempted violations to sex offender registration requirements.
Bus drivers and bus operators
Convictions for third-, second- or first-degree public lewdness, or attempts to commit those offenses, would be grounds for permanent disqualification as a bus driver.
Headline styles
Tougher Penalties for Lewdness
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1316
2019-2020 Regular Sessions
IN SENATE
January 14, 2019
Introduced by Sens. SERINO, SEPULVEDA -- 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; 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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (c) of subdivision 3 of section 65.00 of the penal law, as amended by chapter 568 of the laws of 2004, is amended to read as follows:
(c) For a class B misdemeanor, the period of probation shall be one year, except the period of probation shall be no less than one year and no more than three years for the class B misdemeanor of public lewdness in the fourth degree as defined in section 245.00 of this chapter;
§ 2. Section 245.00 of the penal law, as amended by chapter 748 of the laws of 1968 and the opening paragraph as amended by chapter 373 of the laws of 2015, is amended to read as follows: § 245.00 Public lewdness in the fourth degree.
A person is guilty of public lewdness in the fourth degree when he or she intentionally exposes the private or intimate parts of his or her body in a lewd manner or commits any other lewd act[:] (a) in a public place, or (b) [(i)] in private premises under circumstances in which he or she may readily be observed from either a public place or from other private premises, and with intent that he or she be so observed[, or (ii) while trespassing, as defined in section 140.05 of this part, in a dwelling as defined in subdivision three of section 140.00 of this part, under circumstances in which he or she is observed by a lawful occupant].
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06725-01-9
S. 1316 2
Public lewdness in the fourth degree is a class B misdemeanor.
§ 3. The penal law is amended by adding a new section 245.04 to read as follows: § 245.04 Public lewdness in the third degree.
A person is guilty of public lewdness in the third degree when he or she intentionally exposes the private or intimate parts of his or her body in a lewd manner or commits any other lewd act (a) in a public place, or (b) in a private premises under circumstances in which he or she may readily be observed from either a public place or from other private premises, and with the intent that he or she be observed when the offense is committed for the purpose, in whole or substantial part, of his or her own sexual gratification.
Public lewdness in the third degree is a class A misdemeanor.
§ 4. The penal law is amended by adding two new sections 245.06 and 245.09 to read as follows: § 245.06 Public lewdness in the second degree.
A person is guilty of public lewdness in the second degree when he or she commits the crime of public lewdness in the third degree, as defined in section 245.04 of this article, and has previously been convicted of such crime within the preceding ten years.
Public lewdness in the second degree is a class E felony. § 245.09 Public lewdness in the first degree.
A person is guilty of public lewdness in the first degree when he or she commits the crime of public lewdness in the third degree, as defined in section 245.04 of this article, and such crime is committed at a time or place where a child under the age of fourteen is present.
Public lewdness in the first degree is a class D felony.
§ 5. Paragraph (b) of subdivision 4 of section 509-cc of the vehicle and traffic law, as amended by chapter 400 of the laws of 2011, is amended to read as follows:
(b) The offenses referred to in subparagraph (ii) of paragraph (a) of subdivision one and paragraph (b) of subdivision two of this section that result in permanent disqualification shall include a conviction under sections 100.13, 105.15, 105.17, 115.08, 120.12, 120.70, 125.10, 125.11, 130.40, 130.53, 130.60, 130.65-a, 135.20, 160.15, 220.18, 220.21, 220.39, 220.41, 220.43, 220.44, 230.25, 245.04, 245.06, 245.09, 260.00, 265.04 of the penal law or an attempt to commit any of the aforesaid offenses under section 110.00 of the penal law, or any offenses committed under a former section of the penal law which would constitute violations of the aforesaid sections of the penal law, or any offenses committed outside this state which would constitute violations of the aforesaid sections of the penal law.
§ 6. Subparagraph (i) of paragraph (a) of subdivision 2 of section 168-a of the correction law, as amended by chapter 189 of the laws of 2018, is amended to read as follows:
(i) a conviction of or a conviction for an attempt to commit any of the provisions of sections 120.70, 130.20, 130.25, 130.30, 130.40, 130.45, 130.60, 230.34, 230.34-a, 245.09, 250.50, 255.25, 255.26 and 255.27 or article two hundred sixty-three of the penal law, or section 135.05, 135.10, 135.20 or 135.25 of such law relating to kidnapping offenses, provided the victim of such kidnapping or related offense is less than seventeen years old and the offender is not the parent of the victim, or section 230.04, where the person patronized is in fact less than seventeen years of age, 230.05[,] or 230.06[, 230.11, 230.12, 230.13,] or subdivision two of section 230.30, or section 230.32[,] or 230.33[, or 230.34] of the penal law[, or section 230.25 of the penal
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law where the person prostituted is in fact less than seventeen years old], or
§ 7. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
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; to amend the vehicle and traffic law, in relation to designating public lewdness in the first degree as an offense which results in permanent disquali- fication 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
This bill designates public lewdness in the first degree, second degree, third degree and fourth degree and enhances the penalties for those who repeatedly commit such acts.
Summary of provisions
Section 1: Amends subdivision 3 of section 65.00 of the Penal Law to rename the lowest level Public Lewdness offense as Public Lewdness in the fourth degree.
Read the full memo (940 words)
Section 2: Amends Section 245.00 of the Penal Law by renaming the current Public Lewdness section as Public Lewdness in the Fourth Degree.
Section 3: Creates new Penal Law section 245.04 Public Lewdness in the Third degree. This provides that it shall be a Class "A" misdemeanor for a person to commit the crime of Public Lewdness for the purposes in whole or part of sexual gratification.
Section 4: Adds two new sections and creates the new crime of Public Lewdness in the second degree a class "E" felony when a person commits the crime of Public Lewdness in the third degree and has previously been convicted of such crime within the preceding 10 years. It also creates Public Lewdness in the first degree when he or she commits the crime of public lewdness in the third degree and such crime is committed at a time and place where a child under the age of fourteen is present.
Section 5: Adds the offenses of Public Lewdness in the first degree and Public Lewdness in the 2nd degree and Public Lewdness in the third degree to those offenses that permanently disqualify an individual from obtaining a school bus driver license under the Vehicle and Traffic Law.
Section 6: Adds the offenses of Public Lewdness in the first degree to the list of registered offenses in the correction law.
Section 7: Provides for an effective date of the first of November after enactment
Existing law
Current law contains a single crime of Public Lewdness which is a class-B misdemeanor with no registration requirement under SORA and no enhancement if the act is committed against a child.
Justification
A person is guilty of public lewdness when he intentionally exposes the private parts of his body in a lewd manner or commits any other lewd act in a public place, or in private under circumstances in which he may easily be seen and with intent that he be seen. Law enforcement offi- cials have indicated that, in their experience, many perpetrators of public lewdness have a long history of such acts and other sex crimes. In many cases, these perpetrators go on to commit even more serious sex offenses.
Public Lewdness 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 study indicates that 24% of exhibitionists reoffend, and 10% graduate to contact sexual offenses, such as sexual touching or sexual assault. Recent crimes in Long Island and Albany, verify this fact.
According to Parents for Megan's Law and the Crime Victims Center in Stony Brook, NY and the Suffolk County police, the recidivism rate of public lewdness offenses as well as the linkage to contact sexual offenses is a serious public safety concern. Certain highly publicized incidents detailed below, including a crime committed in a popular chil- dren's restaurant in Long Island and a perpetrator masturbating to a passing school bus in Albany, demonstrate that individuals who have been convicted of public lewdness need more severe penalties especially if they commit the same act again and again or expose children to their obscene conduct.
On February 22, 2012, a repeat public lewdness offender was arrested in a popular children's chain restaurant for touching a 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 endan- gering the welfare of a child convictions and one conviction for stalk- ing.
In another recent incident in Albany, the police responded to a call around 7:00 a.m. by a bus driver transporting children to school. The bus driver reported that a man exposed himself and masturbated to the children on the bus. The driver stated that the man continued to follow the bus on foot and, when the bus stopped, exposed himself and began to masturbate. Upon arrest it was discovered that the perpetrator had been convicted for public lewdness several times and was also a level three sex offender. Certainly the repeated intentional and predatory targeting of victims and children is worthy of registration and supervision as a sex offender.
This bill remedies a far too lenient treatment of repeat public lewdness offenders in the law. It raises the penalty for repeat lewdness offenses and provides a much needed felony offense for perpetrators that prey upon children.
Legislative history
2017-18: S.2169 Referred to Codes 2015-16: S.3696B Passed Senate/Referred to Codes 2013-14: S.3805A Passed Senate 2012: S.7267 Passed Senate
Fiscal implications
None.
Effective date
First day of November after enactment.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.