NY State Senate Bill 2021-S3846

Senate Bill S3846

2021-2022 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

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Jan 31, 2021	referred to codes

2021-S3846 (ACTIVE) - Details

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
2015-2016: S3696
2017-2018: S2169
2019-2020: S1316

2021-S3846 (ACTIVE) - 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; designates public lewdness in the first degree as a sex offense for purposes of sex offender registration.

2021-S3846 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3846

SPONSOR: SERINO
 
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 disquali-
fication 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 first degree, second degree,
third degree and fourth degree and enhances the penalties for those who
repeatedly commit such acts.

 
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 offi-
cials 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 chil-
dren'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 a 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 endan-
gering the welfare of a child convictions and one conviction for stalk-
ing.

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 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 repeated 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.

 
LEGISLATIVE HISTORY:

2019-20: S.1316 Referred to Codes

2017-18: S.2169 Referred to Codes

2015-16: S.3696B Passed Senate/Referred to Codes

2013-14: S.3805A Passed Senate

2012: S.7267 Passed Senate

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law.

2021-S3846 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3846
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2021
                                ___________
 
 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;
   § 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:
 § 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
 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].
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07834-01-1

 S. 3846                             2
 
   Public lewdness IN THE FOURTH DEGREE is a class B misdemeanor.
   §  3.  The penal law is amended by adding a new section 245.04 to read
 as follows:
 § 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.
   §  4.  The  penal law is amended by adding two new sections 245.06 and
 245.09 to read as follows:
 § 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.
 § 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.
   §  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.
   § 6. Subparagraph (i) of paragraph (a) of  subdivision  2  of  section
 168-a  of  the  correction law, as amended by chapter 189 of the laws of
 2018, 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, 230.34-a, 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 seventeen 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

 S. 3846                             3

 law  where  the  person prostituted is in fact less than seventeen years
 old], or
   § 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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