Public Lewdness / Exposure of a Person
In New York State, a person can be charged with offenses that range from being a violation to a misdemeanor if they expose themselves, promote such exposure or conduct themselves in a lewd manner in public. It is important to know that these laws apply to places that are public in nature and would not apply to private clubs in which certain acts are allowed.
Both exposure of a person and promoting the exposure of a person are violations which can result in hefty fines to be paid as well as lengthy time spent in court to handle the charges so it is still incredibly important that you have an attorney help you understand what the charges mean and how they could affect you. Call our experienced team of New York criminal attorneys now to discuss your specific case and what options are available in making sure the charges are handled properly. Exposure of a person is when a person appears in a public place in such a way that their private or intimate parts are unclothed or exposed. As of right now, these areas include the portion of the breast on a female which is below the top of the areola. Females who are in the process of breastfeeding infants or any person who is performing in a play or show while the exposure occurs is exempt from this section of the law.
If a person acts in such a way that they knowingly conduct, own, manage, operate, maintain or furnish any type of public premise or place where a person is to appear in public where there intimate or private areas are exposed, they can be charged with promoting the exposure of a person. The same exemptions to those feeding an infant as well as those performing in play or show in a legal manner apply to this charge as well. Similar to above, this is a violation but that does not mean it is any less serious and you should still consider calling our team to discuss what options you have.
More seriously is the charge of public lewdness. Public lewdness is a step up from public exposure and is a class B misdemeanor if charged. Public lewdness applies if a person has intentionally exposed their intimate or private parts in a manner that is considered crude and offensive in a sexual way or commits such an act in a public place. This also applies if they commit such an act in private premises where they might be readily observed from either a public place or other private premises with the intent that they be observed or while trespassing and they are observed by the lawful occupant.
To be charged with public lewdness in the first degree which is a class A misdemeanor, a person over the age of nineteen who intends to be seen by a person less than sixteen intentionally exposes themselves in the manner described above with the intent to alarm or seriously annoy the younger person. This can also be charged if a person has been convicted of public lewdness in the past year and have been charged a second time.
If you have received charges for exposure of a person or public lewdness, call our experienced team of New York criminal attorneys now to discuss what option you have in facing these charges.