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New York Penal Law 245.00: Public lewdness

Public lewdness is the intentional act of performing indecent action or exposing private body parts in public, or in plain view of the public. According to New York State Law, public lewdness is any act that’s considered lewd while being performed or shown intentionally to the public even if it occurs in a private residence. One example of public lewdness is when a person intentionally exposes their private body parts, such as their penis, vagina, or buttocks in public. It’s also defined as a person who performs a lewd and private act in plain view of the public with the intent of being watched.

New York penal code 245.00 defines public lewdness as intentionally exposing private body parts or performing private acts in public, and it’s considered a misdemeanor. It’s not considered a felony unless there is felony touching involved. It is a crime that might result in jail time and substantial fines if one is found guilty of public lewdness.

For a NYC criminal lawyer to prove guilt in a public lewdness case, he or she must prove one of the following:

– The crime was committed in a public place
– The crime was committed in a private place in which the public has the ability to watch, and the intent is that the public does see the act being performed

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.

Examples of Public Lewdness

The law regarding public lewdness is strict, but it’s not always easily understood. There are misconceptions that allow for the general public to wonder if an act is considered lewd. If a person removes a private body part in public with the intent of showing it to those surrounding him or her, it’s considered public lewdness. On the other hand, if a person’s pants rip and he or she is not wearing any undergarments, it’s not public lewdness. It’s an accident. The act must be intentional.

Performing a private sexual act with oneself or another in a public location in plain view of others is also considered public lewdness. This might be a man personally pleasuring himself in the middle of a movie theater or a park, or a woman doing the same in her car while sitting in traffic. The act of exposing a private body part and engaging in this behavior in public is lewd, and it’s going to result in an arrest and legal trouble.

Defense of Public Lewdness

The only defense against public lewdness in New York is accidental exposure. As mentioned above, a person whose private parts are exposed as a result of their clothing being torn, ripped, or even stolen in a crime did not intend to expose their private parts to the general public. The other defense is that a private residence was in plain view of the public without the person in the private residence knowing. A good example of this is a person who engages in a sex act in a hotel room without the intent of being watched by others who is seen through the window of another building.

Public places are everywhere, and anything from a public bus to a school to parking lot can be considered public. Even a private office owned by the person committing the act of exposure or other sexual means is considered lewd if others are present in the office building. Knowing the law makes it easier for the general public to understand what their actions might do to their future, and discussing these acts with an attorney makes it easier to understand if it should happen to someone in New York.

New York Penal Law 245.01: Exposure of a person

The New York Penal Code defines exposure of a person in a similar way to public lewdness. Put simply, exposure of a person is a violation in which a person shows their intimate parts in public. Although they may sound similar, there is a slight difference between public lewdness and exposure of a person.

The main difference between these two acts is in the nature of the exposure. Public lewdness requires that a person display their intimate parts in a lewd and sexualized manner, whereas exposure of a person simply requires that a person’s intimate parts be exposed to the public. While the definition of public is fairly loose by the New York penal code’s standards, it’s worth noting that public can also refer to locations that are “public” despite not actually being freely available to anyone.

Examples of Exposure of a Person

Given the simplicity of the charge, all that is necessary for someone to be charged with exposure of a person is for them to have their intimate parts exposed in public. For instance, if someone exposes themselves while at work, then they could be charged with exposure of a person. If, on the other hand, a person exposed themselves at work while making suggestive motions with their body, then they could potentially be charged with public lewdness instead.

It’s also worth noting that there is another related offense, which is described by the New York Penal Code as promoting the exposure of a person. Even if someone doesn’t expose themselves, they can still be charged if they encourage someone else to openly do it instead.

Defenses Against Exposure of a Person

There are a few exceptions to exposure of a person that can potentially be used as a defense. For instance, breastfeeding is not considered to be exposure of a person and is thus exempt from these charges. Similarly, a person who exposes themselves as a part of a play or other form of entertainment can use that as justification for the act. A NYC criminal lawyer can help their client to develop a solid defense based on these possible exemptions.

Sentencing for Exposure of a Person

If someone is found guilty of exposure of a person, then there are a few possible consequences. Since exposure of a person is a violation, it could involve the person being put in jail for up to 15 days, as well as being forced to pay a fine of up to $250. Although these consequences can be problematic, a conviction for exposure of a person will not result in the guilty party having a criminal record.

Still, even if the guilty party does not risk having a criminal record from the conviction, it does not mean it’s not worth fighting the charges. By working with a legal representative, defendants can avoid having to potentially spend any amount of time in jail, or to have to pay associated court fines. While exposure of a person is not a misdemeanor or felony in and of itself, the prosecutor could potentially include other charges that do count as misdemeanors or felonies. For this reason, above all others, it’s highly recommended to have a strong defense established ahead of any court appearances. The best way to prevent an exposure of a person charge from escalating into something more serious is to present a strong defense from the beginning.

New York Penal Law 245.03: Public lewdness in the first degree

Pursuant to the New York Penal Code, a lewd act is the term utilized to describe any type of activity that is deemed indecent if it is performed in public. Typically, a lewd act would include the exposure of a person’s private body parts, including a penis or vagina, in a public setting. This exposure usually is also accompanied by associated behavior that is designed to provide the perpetrator with some level of sexual arousal. Public lewdness in the first degree is the most serious type of lewd act crime on the books in the Empire State.

Elements of Public Lewdness in the First Degree

A person can be charged with public lewdness in the first degree if he or she exposes certain body parts to an individual or individuals under the age of 16 in a public setting. These body parts include a penis, vagina, or buttocks.

The exposure must be accompanied by some type of lewd action as well, such as masturbation. Merely exposing a so-called private part, without the lewd action, is not enough to support a charge of public lewdness in the first degree.

A person can face a charge of public lewdness in the first degree under one other situation as well. A person can face a charge of public lewdness in the first degree if he or she was prosecuted for any type of public lewdness crime in the past year.

Examples of Public Lewdness in the First Degree

A prime example of public lewdness in the first degree is a man who exposes his penis at a park and masturbates in front of other individuals that include people under the age of 16. Another example of public lewdness in the first degree is a woman who exposes her breasts in a public setting, that includes the presence of children, and fondles the breasts while they are exposed.

Sentence for Public Lewdness in the First Degree

Public lewdness in the first degree has been classified in the New York penal code as a class A misdemeanor, the most serious type of misdemeanor on the books in the state. As a result, a person convicted of public lewdness in the first degree faces the possibility of a year in jail. In addition, a person faces the prospect of what can be a sizeable fine if convicted of this crime.

A judge can elect to sentence a person to a term of probation as opposed to incarceration in a case involving public lewdness in the first degree. The maximum probationary period for this crime is three years.

Defenses to Public Lewdness in the First Degree

nyc criminal attorneys can mount effective defenses to crimes like public lewdness in the first degree. One possible defense to a charge of public lewdness in the first degree is the argument that the defendant was unaware anyone under the age of 16 was around when the person engaged in the act that resulted in the criminal charge. If a person can demonstrate an absence of minors under the age of 16 at the scene, a charge of public lewdness in the first degree may not be sustained. However, a person may face a charge for another crime.

A New York criminal defense lawyer will schedule an initial consultation to discuss a charge of public lewdness in the first degree. A lawyer will lay out possible defense strategies and will provide an overall evaluation of a case. As a general practice in the state of New York, a criminal defense lawyer does not charge a fee for an initial consultation with a prospective client.

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