Indecent exposure in Nassau County can be a serious offense or a law amended by the New York Supreme Court in 1992. New York Penal Law 245.01 prohibits public indecent exposure. Seven women, arrested in Rochester, New York, were arrested for not wearing bras and blouses. In 2005, Jill Coccaro, Phoenix Feeley, was detained for twelve hours for leaving her home topless. New York City paid her $29,000 for false arrest.
New York Penal Law 245.01 defines indecent exposure as an “offense against public sensibilities.” Indecent exposure is the act of exposing intimate or private body parts in public. The law strictly defines private intimate body parts.
New York Penal Law 245.02 governs promotion of indecent exposure. Promotion of indecent exposure applies to individuals who own or operate a public place where intimate or private body parts are exposed. The employer of a waitress in a topless bar is guilty of promotion of indecent exposure. The topless waitress is guilty of indecent exposure.
Exercising a Right
Elizabeth Siematkowski, founder of ToplessbladingTM, enjoyed rollerblading and decided to skate topless. She thought as a “petite blonde” with “B-cup” breasts, “her half naked body” was not offensive. She wondered if she was disrespecting or empowering herself and what her dad would say. Instead of wondering, as she did, why am I doing this?
Sex Offender Registry
You need to realize that public nudity, indecent exposure, can get you listed in the New York State Division of Criminal Justice Services’ sex offender register established in 1996. You must comply with the register’s rules to avoid prosecution. If you relocate, you have ten days to change your address on the sex offender register.
Compliance with Sex Offender Registry
If your only violation is a second indecent exposure citation, you are labeled a level one predicate sex offender. Level one offenders remain on the registry for 20 years. You must complete an annual verification form and update your photograph at least every three years. You have to register your Internet service providers, your screen names, and your e-mail address.
Testing the Law
Elizabeth Siematkowski found topless rollerblading exhilarating and refreshing. Two women gave her a high five, but no one else even commented on her new found freedom. She finds topless rollerblading “completely natural.”
Holly Van Voast (46), a Bronx photographer and performer, was detained, arrested, or summoned 10 times in 2011 and 2012 for baring her breasts at the Oyster Bar in Grand Central Station, at a Manhattan elementary school, on a train, and at Hooters restaurant. After a mandatory psychiatric evaluation and the dismissal of each of the ten complaints against her, all 34,000 New York City police officers received a memo stating, “it is not a crime for women to expose their breasts in public.”
Wilson Kenney (33), swimming in the Forest City Park Pool, rubbed his groin and exposed his penis to a 17-year-old lifeguard. He was charged with indecent exposure and public lewdness. Mental slowness or a learning disability is not a defense against indecent exposure charges.
A Washington couple in possession of PCP and open containers of alcohol were found nude, performing sexual acts, ten feet from the sidewalk near a restaurant. The couple was charged with indecent exposure and drug charges.
Indecent exposure and promoting the exposure of a person are violations, which result in fines of up to $250 and 15 days in jail. Public lewdness is a class B misdemeanor, which results in a fine of up to $500 and up to 3 months in jail.
Indecent exposure is a violation usually accompanied by stronger criminal charges, such as public lewdness. Forcible touching, a class A misdemeanor, results in one year in prison, 6 years of probation, and a fine of up to $1,000. If you are charged with forcible touching or sexual abuse in the first, second, or third degree, you’re a registered sex offender. First degree sexual abuse is a class D felony. You can be sentenced to 7 years in prison. You can be charged with prostitution or patronizing a prostitute. It’s also against the law in New York to willfully subject someone else to the HIV virus.
Indecent exposure is deliberately exposing your genitals to offend, alarm, or scare others. Indecent exposure may be sexually gratifying to the offender or done to elicit a sexual response from others.
Nursing a baby in public is not for sexual gratification. Nor is it done to alarm or offend, but urinating in public is questionable. One such offense may be excusable,
but a second such offense is a felony. If you are convicted of felony indecent exposure, you will be required to register as a sex offender for the rest of your life. Plea bargaining may be your only hope for a lesser charge.
If you are arrested or receive a summons for indecent exposure in Nassau County, our staunch effective legal representation can preserve your rights. You should not try to face indecent exposure charges alone. Our indecent exposure lawyers with 30+ years of experience will strive for the best possible outcome in your case. We offer free consultations, and our rates are competitive.