Bill Text: NY S07132 | 2011-2012 | General Assembly | Introduced
Bill Title: Designates public lewdness as public lewdness in the second degree and establishes the class E felony of public lewdness in the first degree for committing public lewdness in the second degree after having been previously convicted of such offense on 2 or more occasions; provides for a permanent disqualification from being a school bus driver upon conviction of public lewdness in the first degree; and designates public lewdness in the first degree as a sex offense for purposes of sex offender registration.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-04-30 - REFERRED TO CODES [S07132 Detail]
Download: New_York-2011-S07132-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7132
I N S E N A T E
April 30, 2012
___________
Introduced by Sen. ZELDIN -- 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 lewd-
ness 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 ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph (c) of subdivision 3 of section 65.00 of the
2 penal law, as amended by chapter 568 of the laws of 2004, is amended to
3 read as follows:
4 (c) For a class B misdemeanor, the period of probation shall be one
5 year, except the period of probation shall be no less than one year and
6 no more than three years for the class B misdemeanor of public lewdness
7 IN THE THIRD DEGREE as defined in section 245.00 of this chapter;
8 S 2. Section 245.00 of the penal law, as amended by chapter 748 of the
9 laws of 1968, is amended to read as follows:
10 S 245.00 Public lewdness IN THE THIRD DEGREE.
11 A person is guilty of public lewdness IN THE THIRD DEGREE when he OR
12 SHE intentionally exposes the private or intimate parts of his OR HER
13 body in a lewd manner or commits any other lewd act (a) in a public
14 place, or (b) in private premises under circumstances in which he OR SHE
15 may readily be observed from either a public place or from other private
16 premises, and with intent that he OR SHE be so observed.
17 Public lewdness IN THE THIRD DEGREE is a class B misdemeanor.
18 S 3. The penal law is amended by adding a new section 245.03 to read
19 as follows:
20 S 245.03 PUBLIC LEWDNESS IN THE SECOND DEGREE.
21 A PERSON IS GUILTY OF PUBLIC LEWDNESS IN THE SECOND DEGREE WHEN HE OR
22 SHE INTENTIONALLY EXPOSES THE PRIVATE OR INTIMATE PARTS OF HIS OR HER
23 BODY IN A LEWD MANNER OR COMMITS ANY OTHER LEWD ACT (A) IN A PUBLIC
24 PLACE, OR (B) IN A PRIVATE PREMISES UNDER CIRCUMSTANCES IN WHICH HE OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14887-02-2
S. 7132 2
1 SHE MAY READILY BE OBSERVED FROM EITHER A PUBLIC PLACE OR FROM OTHER
2 PRIVATE PREMISES, AND WITH THE INTENT THAT HE OR SHE BE OBSERVED WHEN
3 THE OFFENSE IS COMMITTED FOR THE PURPOSE, IN WHOLE OR SUBSTANTIAL PART,
4 OF HIS OR HER OWN SEXUAL GRATIFICATION.
5 PUBLIC LEWDNESS IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
6 S 4. The penal law is amended by adding a new section 245.06 to read
7 as follows:
8 S 245.06 PUBLIC LEWDNESS IN THE FIRST DEGREE.
9 A PERSON IS GUILTY OF PUBLIC LEWDNESS IN THE FIRST DEGREE WHEN HE OR
10 SHE COMMITS THE CRIME OF PUBLIC LEWDNESS IN THE SECOND DEGREE, AS
11 DEFINED IN SECTION 245.03 OF THIS ARTICLE, AND HAS PREVIOUSLY BEEN
12 CONVICTED OF SUCH CRIME ON TWO OR MORE OCCASIONS.
13 PUBLIC LEWDNESS IN THE FIRST DEGREE IS A CLASS E FELONY.
14 S 5. Paragraph (b) of subdivision 4 of section 509-cc of the vehicle
15 and traffic law, as amended by chapter 400 of the laws of 2011, is
16 amended to read as follows:
17 (b) The offenses referred to in subparagraph (ii) of paragraph (a) of
18 subdivision one and paragraph (b) of subdivision two of this section
19 that result in permanent disqualification shall include a conviction
20 under sections 100.13, 105.15, 105.17, 115.08, 120.12, 120.70, 125.10,
21 125.11, 130.40, 130.53, 130.60, 130.65-a, 135.20, 160.15, 220.18,
22 220.21, 220.39, 220.41, 220.43, 220.44, 230.25, 245.03, 245.06, 260.00,
23 265.04 of the penal law or an attempt to commit any of the aforesaid
24 offenses under section 110.00 of the penal law, or any offenses commit-
25 ted under a former section of the penal law which would constitute
26 violations of the aforesaid sections of the penal law, or any offenses
27 committed outside this state which would constitute violations of the
28 aforesaid sections of the penal law.
29 S 6. Subparagraph (i) of paragraph (a) of subdivision 2 of section
30 168-a of the correction law, as amended by chapter 405 of the laws of
31 2008, is amended to read as follows:
32 (i) a conviction of or a conviction for an attempt to commit any of
33 the provisions of sections 120.70, 130.20, 130.25, 130.30, 130.40,
34 130.45, 130.60, 230.34, 245.06, 250.50, 255.25, 255.26 and 255.27 or
35 article two hundred sixty-three of the penal law, or section 135.05,
36 135.10, 135.20 or 135.25 of such law relating to kidnapping offenses,
37 provided the victim of such kidnapping or related offense is less than
38 seventeen years old and the offender is not the parent of the victim, or
39 section 230.04, where the person patronized is in fact less than seven-
40 teen years of age, 230.05 or 230.06, or subdivision two of section
41 230.30, or section 230.32 or 230.33 of the penal law, or
42 S 7. This act shall take effect on the first of November next succeed-
43 ing the date on which it shall have become a law.
