NY State Senate Bill 2015-S3696B

Senate Bill S3696B

2015-2016 Legislative Session

Designates public lewdness as public lewdness in the fourth degree and establishes the class E felony of public lewdness in the second degree for multiple offenses

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 24, 2016	print number 3696b
Feb 24, 2016	amend and recommit to codes
Jan 06, 2016	referred to codes returned to senate died in assembly
Jun 17, 2015	referred to codes delivered to assembly passed senate
Jun 08, 2015	advanced to third reading amended 3696a
Jun 03, 2015	2nd report cal.
Jun 02, 2015	1st report cal.1304
Feb 13, 2015	referred to codes

Votes

- Jun 17, 2015 - Floor Vote
  S3696B
  
  59
  
  Aye
  
  4
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 17, 2015
      
      aye (59)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Peralta
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (4)
      
      Hassell-Thompson
      
      Montgomery
      
      Parker
      
      Perkins
  Jun 2, 2015 - Codes Committee Vote
  S3696B
  
  12
  
  Aye
  
  2
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Jun 2, 2015
      
      aye (12)
      
      Boyle
      
      DeFrancisco
      
      Espaillat
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hamilton
      
      Lanza
      
      Nozzolio
      
      O'Mara
      
      Savino
      
      Squadron
      
      nay (2)
      
      Krueger
      
      Perkins
      
      aye wr (1)
      
      Panepinto

Bill Amendments

Original

B (Active)

co-Sponsors

2015-S3696 - Details

See Assembly Version of this Bill:: A10135
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§65.00 & 245.00, add §§245.04, 245.06 & 245.09, Pen L; amd §509-cc, V & T L; amd §168-a, Cor L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7267
2013-2014: S3805
2017-2018: S2169, A5948
2019-2020: S1316
2021-2022: S3846

2015-S3696 - Summary

Designates public lewdness as public lewdness in the fourth degree and establishes the class A misdemeanor of public lewdness in the third degree and the class E felony of public lewdness in the second degree for committing public lewdness in the third degree after having been previously convicted of such offense within the preceding ten years; establishes the class D felony of public lewdness in the first degree for committing public lewdness in the third degree and such crime is committed at a time or place where a child under the age of 14 is likely to be present; provides for a permanent disqualification from being a school bus driver upon conviction of public lewdness in the first, second or third degree; and designates public lewdness in the first degree as a sex offense for purposes of sex offender registration.

2015-S3696 - Sponsor Memo

                                BILL NUMBER:S3696

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 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

PURPOSE:  This bill designates public lewdness in the fourth degree
and establishes a class E felony of public lewdness in the second
degree for multiple offenses.

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.

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 likely to be present or witnesses acts of public lewdness.

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 officials 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
children'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 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 endangering the welfare of a child convictions and one conviction
for stalking.

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 it 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 repeat 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 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. Certainly the repeat, intentional and
predatory targeting of children to commit acts of public lewdness is
worthy of registration and supervision as a sex offender. This bill
enhances public safety and the safety of our children.

LEGISLATIVE HISTORY:  2013-14: S3805A Passed Senate; A10370 Codes
2012: S7267 Passed Senate; A.8270 Codes


FISCAL IMPLICATIONS: None

LOCAL FISCAL IMPLICATIONS: None

EFFECTIVE DATE:  First day of November after enactment.

2015-S3696 - Bill Text download pdf

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

                                  3696

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 13, 2015
                               ___________

Introduced  by  Sen.  SERINO -- 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:

  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
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 245.04  to  read
as follows:
S 245.04 PUBLIC LEWDNESS IN THE THIRD DEGREE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02334-01-5

S. 3696                             2

  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 245.04 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.
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 245.04 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, 245.04, 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
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.

co-Sponsors

2015-S3696A - Details

See Assembly Version of this Bill:: A10135
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§65.00 & 245.00, add §§245.04, 245.06 & 245.09, Pen L; amd §509-cc, V & T L; amd §168-a, Cor L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7267
2013-2014: S3805
2017-2018: S2169, A5948
2019-2020: S1316
2021-2022: S3846

2015-S3696A - Summary

2015-S3696A - Sponsor Memo

                                BILL NUMBER:S3696A

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 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

PURPOSE:

This bill designates public lewdness in the fourth degree and
establishes a class E felony of public lewdness in the second degree
for multiple offenses.

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.

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
officials 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
children'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 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 endangering the welfare of a child convictions and one conviction
for stalking.

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 it 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 repeat 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. Certainly. the repeat,
intentional and predatory targeting of children to commit acts of
public lewdness is worthy of registration and supervision as a sex
offender. This bill enhances public safety and the safety of our
children.

LEGISLATIVE HISTORY:

2013-14: S3805A Passed Senate; A10370 Codes
2012: S7267 Passed Senate; A.8270 Codes

FISCAL IMPLICATIONS:

None

LOCAL FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

First day of November after enactment.

2015-S3696A - Bill Text download pdf

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

                                 3696--A
    Cal. No. 1304

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 13, 2015
                               ___________

Introduced by Sens. SERINO, MARCHIONE -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes -- reported
  favorably  from  said  committee,  ordered to first and second report,
  amended on second report, ordered  to  a  third  reading,  and  to  be
  reprinted  as amended, retaining its place in the order of third read-
  ing

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
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.

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

                                                           LBD02334-02-5

S. 3696--A                          2

  S 3. The penal law is amended by adding a new section 245.04  to  read
as follows:
S 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.
  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 245.04 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.
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 245.04 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.
  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, 245.04, 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
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.

co-Sponsors

2015-S3696B (ACTIVE) - Details

See Assembly Version of this Bill:: A10135
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§65.00 & 245.00, add §§245.04, 245.06 & 245.09, Pen L; amd §509-cc, V & T L; amd §168-a, Cor L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7267
2013-2014: S3805
2017-2018: S2169, A5948
2019-2020: S1316
2021-2022: S3846

2015-S3696B (ACTIVE) - Summary

2015-S3696B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3696B

 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 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

 PURPOSE :  This bill designates public lewdness in the fourth degree
and establishes a class E felony of public lewdness in the second
degree for multiple offenses.

 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.

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 officials 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
children'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 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 endangering the welfare of a child convictions and one conviction
for stalking.

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 it 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 repeat 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. Certainly. the repeat,
intentional and predatory targeting of children to commit acts of
public lewdness is worthy of registration and supervision as a sex
offender. This bill enhances public safety and the safety of our
children.

 LEGISLATIVE HISTORY :  2013-14: S3805A Passed Senate; A10370 Codes
2012: S7267 Passed Senate; A.8270 Codes

 FISCAL IMPLICATIONS : None

 LOCAL FISCAL IMPLICATIONS : None

 EFFECTIVE DATE :  First day of November after enactment.

2015-S3696B (ACTIVE) - Bill Text download pdf

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

                                 3696--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 13, 2015
                               ___________

Introduced by Sens. SERINO, MARCHIONE -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes -- reported
  favorably  from  said  committee,  ordered to first and second report,
  amended on second report, ordered  to  a  third  reading,  and  to  be
  reprinted  as amended, retaining its place in the order of third read-
  ing -- recommitted to the Committee on Codes in accordance with Senate
  Rule  6,  sec.  8  --  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 and the opening paragraph as amended by chapter 373 of  the
laws of 2015, 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) [(i)] in private premises under circumstances in which  he

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02334-03-6

S. 3696--B                          2

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 occu-
pant].
  Public lewdness IN THE FOURTH DEGREE is a class B misdemeanor.
  S 3. The penal law is amended by adding a new section 245.04  to  read
as follows:
S 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.
  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 245.04 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.
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 245.04 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.
  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, 245.04, 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 368 of  the  laws  of
2015, 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,

S. 3696--B                          3

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[, 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 law where the
person prostituted is in fact less than seventeen years old], 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.

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Senate Bill S3696B

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Sponsored By

Susan Serino

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

co-Sponsors

Kathleen A. Marchione

2015-S3696 - Details

2015-S3696 - Summary

2015-S3696 - Sponsor Memo

2015-S3696 - Bill Text download pdf

co-Sponsors

Kathleen A. Marchione

2015-S3696A - Details

2015-S3696A - Summary

2015-S3696A - Sponsor Memo

2015-S3696A - Bill Text download pdf

co-Sponsors

Kathleen A. Marchione

2015-S3696B (ACTIVE) - Details

2015-S3696B (ACTIVE) - Summary

2015-S3696B (ACTIVE) - Sponsor Memo

2015-S3696B (ACTIVE) - Bill Text download pdf

Comments