S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10370

                          I N  A S S E M B L Y

                              May 24, 2012
                               ___________

Introduced  by  M. of A. LENTOL, WEINSTEIN, SCHIMMINGER -- read once and
  referred 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:

  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 THIRD DEGREE as defined in section 245.00 of this chapter;
  S 2. Section 245.00 of the penal law, as amended by chapter 748 of the
laws of 1968, is amended to read as follows:
S 245.00 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 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.
  Public lewdness IN THE THIRD DEGREE is a class B misdemeanor.
  S 3. The penal law is amended by adding a new section 245.03  to  read
as follows:
S 245.03 PUBLIC LEWDNESS IN THE SECOND DEGREE.
  A  PERSON IS GUILTY OF PUBLIC LEWDNESS IN THE SECOND 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15605-02-2

A. 10370                            2

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 SECOND DEGREE IS A CLASS A MISDEMEANOR.
  S  4.  The penal law is amended by adding a new section 245.06 to read
as follows:
S 245.06 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 SECOND DEGREE, AS
DEFINED IN SECTION 245.03 OF  THIS  ARTICLE,  AND  HAS  PREVIOUSLY  BEEN
CONVICTED  OF  SUCH  CRIME WITHIN THE PRECEDING TEN YEARS OR COMMITS THE
CRIME OF PUBLIC LEWDNESS IN THE SECOND DEGREE AT A TIME, PLACE OR MANNER
WHERE A CHILD UNDER THE AGE OF ELEVEN  IS  LIKELY  TO  BE  PRESENT.  FOR
PURPOSES OF THIS SECTION IT IS NOT NECESSARY THAT SUCH CHILD IS ACTUALLY
PRESENT OR WITNESSES ACTS PROHIBITED UNDER THIS SECTION.
  PUBLIC LEWDNESS IN THE FIRST DEGREE IS A CLASS E FELONY.
  S  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, 245.03, 245.06,  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  commit-
ted  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.
  S 6. Subparagraph (i) of paragraph (a) of  subdivision  2  of  section
168-a  of  the  correction law, as amended by chapter 405 of the laws of
2008, 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, 245.06, 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  seven-
teen  years  of  age,  230.05  or  230.06, or subdivision two of section
230.30, or section 230.32 or 230.33 of the penal law, or
  S 7. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.