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New York Indecent Exposure Public Lewdness

By Spodek Law Group | October 18, 2023
(Last Updated On: October 19, 2023)

Last Updated on: 19th October 2023, 02:26 pm

New York Indecent Exposure Public Lewdness

Indecent exposure and public lewdness charges in New York can lead to serious legal consequences. This article provides a comprehensive overview of the relevant laws, potential penalties, and possible defenses.

New York Indecent Exposure Laws

There are two main New York statutes that criminalize indecent exposure:

Public Lewdness (PL § 245.00)

This law makes it illegal to intentionally expose private parts of the body in a lewd manner in public or in private premises where you can be readily observed from public or private property, with intent to be observed[1][2].

A “lewd manner” generally involves exposure meant to cause sexual arousal, like masturbating in public[3]. Penalties can include up to 90 days in jail.

Exposure of a Person (PL § 245.01)

This law prohibits exposing private parts of the body in public places[4]. The penalties are less severe than public lewdness – up to 15 days in jail.

Both laws apply to exposure in “public places,” which includes areas like parks, schools, transportation facilities, bars, and lobbies[5]. Private locations may also qualify if the exposure can be readily observed by the public with intent.

Examples of Illegal Conduct

  • Masturbating or stroking genitals in public[3]
  • Exposing genitals or breasts in public places[4]
  • Having sex in a car in public view[6]
  • Being topless as a woman in public (with exceptions) [5]

Penalties for Indecent Exposure and Public Lewdness

  • Public lewdness – Up to 90 days in jail and a fine up to $500[1]
  • Exposure of a person – Up to 15 days in jail[4]
  • Public lewdness in the first degree – Up to 1 year in jail[1]

Other possible penalties include probation, community service, counseling programs, or sex offender registration in some cases[1][5].

Impact on Immigration Status

Indecent exposure convictions may be considered Crimes Involving Moral Turpitude (CIMT), which can negatively impact immigration status for non-citizens. An attorney can advise on potential immigration consequences.

Impact on Employment

Indecent exposure convictions may need to be disclosed on applications for certain jobs, professional licenses, and security clearances. An attorney can potentially get charges reduced or dismissed to mitigate impact on employment.

The Importance of an Attorney

Indecent exposure allegations can carry severe penalties and profoundly impact a person’s life. An experienced New York criminal defense lawyer can thoroughly examine the evidence and build the strongest defense to achieve the best possible outcome. They can also advise on the potential immigration and employment consequences. Anyone charged with public lewdness or indecent exposure should strongly consider retaining legal counsel.

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