Although both levels of public lewdness fall within the misdemeanor category, they can still result in a potentially harmful and embarrassing criminal record along with time in jail. In New York, public lewdness occurs when an individual displays their private or intimate body parts in a “lewd way” either in public; or in a private place where the individual intends the public to see, and the public in fact can see; or while trespassing in a dwelling, where the individual is seen by the occupant of that dwelling.

[1] Furthermore for purposes of this law, the term “public place” has been construed very broadly, basically if you can be seen by the public you will probably be considered in a public place.[2]

In New York there are two levels of public lewdness, the base level “public lewdness” (PL 245.00) occurs, when as mentioned above, an individual displays their private or intimate body parts in a “lewd way” either in public; or in a private place where the individual intends the public to see, and the public in fact can see; or while trespassing in a dwelling, where the individual is seen by the occupant of that dwelling. The crime is increased to “public lewdness 1st degree” (PL 245.03) when the individual displaying themselves is nineteen (19) years of age or older, and the individual who witnesses the display is less than (16) years of age. Furthermore public lewdness may also be upgraded to 1st degree when the individual commits the base level public lewdness, and has a prior conviction for public lewdness.

Public lewdness (PL 245.00) is classified as a “B” misdemeanor, punishable by either three (3) months in jail or three (3) years of probation, and with a fine of $500. Public lewdness 1st degree is an “A” misdemeanor punishable by either one (1) year in jail or three (3) years of probation, and with a fine of $1,000.[3]

Public Lewdness (PL 245.00) in Syracuse

A person is guilty of public lewdness 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 occupant.

Public Lewdness 1st Degree (PL 245.03) in Syracuse

A person is guilty of public lewdness in the first degree when:

  1. being nineteen years of age or older and intending to be observed by a person less than sixteen years of age in a place described in subdivision (a) or (b) of section 245.00 of this article, he or she intentionally exposes the private or intimate parts of his or her body in a lewd manner for the purpose of alarming or seriously annoying such person, and he or she is thereby observed by such person in such place; or
  2. he or she commits the crime of public lewdness, as defined in section 245.00 of this article, and within the preceding year has been convicted of an offense defined in such section 245.00 or this section.

Conclusion

Whatever the circumstances may be surrounding a public lewdness charge in Syracuse, the fact is that it is not a crime that you want future employers to be able to inquire about. Whether the facts surrounding a charge of this nature can be attributed to a stupid prank or an honest mistake, one thing is for certain, you should not simply plead guilty without consulting with an experienced team of criminal defense attorneys. Only an experienced attorney will give you the best possible chance to avoid a criminal record, and future hardships as a result of a charge of this nature.

[1] New York Penal Law Section 245.00
[2] People v. McNamara, 78 N.Y.2d 626, 630 (1991)
[3] New York Penal Law Title E