new york penal law 245 00 public lewdness

Being charged with public lewdness in New York can lead to criminal penalties and public embarrassment. NY Penal Law 245.00 makes public lewdness a Class B misdemeanor. Let’s break down this law, potential sentences, and legal defenses.

What is Public Lewdness Under NY Law?

According to NY Penal Law Article 245, a person is guilty of public lewdness when they intentionally expose or display the private or intimate parts of the body in a lewd manner in public view. This includes acts like:

• Exposing one’s genitals, buttocks, or breasts
• Public urination
• Masturbation
• Performing sex acts

Lewd exposure or acts in places easily visible to the public like streets, parks, shops, or transportation can lead to public lewdness charges.

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Legal Scenario: What Would You Do?

Scenario

You were at a beach party in Brooklyn when someone dared you to streak across the boardwalk. A police officer witnessed the incident and arrested you on the spot, charging you under NY Penal Law 245.00.

How serious is a public lewdness charge, and can I actually go to jail for this?

Attorney's Answer

Public lewdness under NY Penal Law 245.00 is classified as a Class B misdemeanor, which carries a maximum sentence of up to 90 days in jail and a fine of up to $500. However, for a first-time offense, many defendants are able to negotiate alternatives such as an adjournment in contemplation of dismissal (ACD) or a plea to a lesser violation like disorderly conduct under Penal Law 240.20. It is important to note that a conviction can appear on background checks and carry social stigma, so mounting a strong defense — such as challenging whether the conduct occurred in a 'public place' as defined by the statute or whether the exposure was truly 'intentional' — is critical. An experienced attorney can evaluate the specific circumstances of your case and work toward minimizing or eliminating the charges.

This is general information only. Contact us for advice specific to your situation.

Penalties for Public Lewdness in New York

As a Class B misdemeanor, potential penalties for public lewdness include:

• Up to 3 months in jail
• Up to $500 in fines
• Probation up to 1 year
• Permanent criminal record