STATE OF NEW YORK ________________________________________________________________________

319

2023-2024 Regular Sessions

IN ASSEMBLY

January 4, 2023 ___________

Introduced by M. of A. PAULIN, SEAWRIGHT, DINOWITZ, DICKENS, GUNTHER, BRONSON, BUTTENSCHON, SIMON, ROZIC, WILLIAMS, BURGOS, ZINERMAN, SILLITTI, WOERNER, FAHY, JENSEN, THIELE, GLICK, J. A. GIGLIO, ANDER- SON, JACKSON, BYRNES, STERN, SEPTIMO, AUBRY, SMITH, GONZALEZ-ROJAS, STIRPE, GALLAGHER, KELLES, CLARK, CRUZ, L. ROSENTHAL -- Multi-Spon- sored by -- M. of A. HEVESI, STECK -- read once and referred to the Committee on Codes

AN ACT to amend the penal law, in relation to the crime of public lewd- ness

The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:

1 Section 1. Section 245.00 of the penal law, as amended by chapter 748 2 of the laws of 1968 and the opening paragraph as amended by chapter 373 3 of the laws of 2015, is amended to read as follows: 4 § 245.00 Public lewdness. 5 A person is guilty of public lewdness when [he or she] they inten- 6 tionally [exposes]: 7 1. Expose the private or intimate parts of [his or her] their body in 8 a lewd manner or [commits] commit any other lewd act: (a) in a public 9 place, or (b) (i) in private premises under circumstances in which [he 10 or she] they may readily be observed from either a public place or from 11 other private premises, and with intent that [he or she] they be so 12 observed, or (ii) while trespassing, as defined in section 140.05 of 13 this part, in a dwelling, as defined in subdivision three of section 14 140.00 of this part, under circumstances in which [he or she is] they 15 are observed by a lawful occupant[.]; or 16 2. Electronically transmit to one or more persons in or around a 17 public place an image depicting exposed private or intimate parts, with- 18 out the consent of such person or persons. 19 Public lewdness is a class B misdemeanor. 20 § 2. This act shall take effect on the ninetieth day after it shall 21 have become a law.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02077-02-3