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

                                 8270--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            November 20, 2013
                               ___________

Introduced  by  M. of A. ZEBROWSKI, SKOUFIS, ROSA, ABBATE, JAFFEE, GOLD-
  FEDER, COOK, GALEF, GUNTHER, OTIS, MONTESANO, WALTER,  PALUMBO,  RAIA,
  McKEVITT,  WEINSTEIN -- Multi-Sponsored by -- M. of A. ARROYO, CROUCH,
  DUPREY, HIKIND,  MAGEE,  MAYER,  MOYA,  RIVERA,  SIMANOWITZ,  SWEENEY,
  THIELE  --  read once and referred to the Committee on Codes -- recom-
  mitted to the Committee on Codes in accordance with Assembly  Rule  3,
  sec.  2  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

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 FOURTH 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 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) in private premises under circumstances in which he OR SHE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04787-05-4

              

A. 8270--A                          2

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 FOURTH 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 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.
  S  4.  The  penal law is amended by adding two new sections 245.06 and
245.09 to read as follows:
S 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 245.03 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.
S 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 245.03 OF THIS ARTICLE, AND SUCH CRIME IS COMMITTED AT A TIME
OR  PLACE  WHERE A CHILD UNDER THE AGE OF FOURTEEN IS LIKELY TO BE PRES-
ENT.  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 D 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,  245.09,
260.00, 265.04 of the penal law or an attempt to commit any of the afor-
esaid  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.
  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, 245.09, 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

A. 8270--A                          3

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.