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S1774Senate2019-2020 Session

Tougher Repeat Lewdness Penalties

Official title

“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”

Sponsor Andrew J. LanzaSD-24Affects Legal
Status
In Senate Committee
Codes
Impact
3/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill expands the timeframe for repeat public lewdness offenses, increasing the lookback period for prior convictions from one to three years.

Why it matters

  1. Expanding the lookback period from one to three years means individuals with prior convictions for public lewdness or related violations will face harsher penalties for repeat offenses over a longer timeframe. This could increase the number of people charged with the more serious “first degree” public lewdness.

  2. The change may serve as a stronger deterrent for repeat offenders, as the risk of facing enhanced charges is now extended over three years instead of just one, potentially reducing recidivism.

  3. Law enforcement and prosecutors will have greater flexibility and grounds to pursue more severe charges against individuals with a pattern of public lewdness, possibly leading to longer sentences or more intensive intervention.

  4. Individuals previously convicted of public lewdness or violations under this section should be aware that new offenses committed within three years of a prior conviction will now trigger more serious legal consequences.

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Who cares

Headline styles

Tougher Repeat Lewdness Penalties

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Andrew J. Lanza

Senator · Senate District 24

No co-sponsors yet.

History

  1. Referred to codes
  2. Referred to codes

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1774

2019-2020 Regular Sessions

IN SENATE

January 16, 2019

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.

LBD07345-01-9

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

2018: S.6190 - Referred to Codes 2017: S.6190 - Referred to Codes 2016: S.4510 - Referred to Codes 2015: S.4510 - Referred to Codes 2014: S.4829-A - Referred to Codes / A.6770A - Referred to Codes 2013: S.4829-A - 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.