NYC Lewd Acts Lawyers

A lewd act is defined as any activity that is considered to be indecent when it is performed in public. A lewd act is classified as a sex crime. A lewd act tends to involve exposing intimate or private parts to the public while engaged in lewd behavior like masturbation. Public is defined as a subway platform, library, park, bus, theater, or public restroom. You don’t have to be committing the act in public to be accused of lewd act. If you are in a private location, but your behavior can be observed from a public space or another private residence, you can be accused of lewd conduct. Public lewdness is classified as a class B misdemeanor. In some cases, public lewdness is accompanied with more serious charges.

Lewd Acts & Sex Crimes

In some cases, lewd conduct charges are attached to other sex crime charges like sexual abuse or touching. If the lewd conduct is directed towards a child, then the lewd conduct charge may also accompany an endangering the welfare of a child charge.

Public Lewdness

You may be charged with public lewdness if you intentionally expose your private parts in a lewd manner in a public place, or within view of the public.

Forcible Touching

A person can be charged with this crime if they touch another person’s private parts with the intent to degrade or abuse that person or receive sexual gratification. In New York, forcible touching is a class A misdemeanor.

Sexual Abuse

Sexual abuse in the third degree is a class B misdemeanor and is defined as nonconsensual sexual contact. Sexual contact is touching of another person’s private parts to receive sexual gratification. If the contact isn’t consensual because it involves a person under the age of 14, the charge becomes sexual abuse in the second degree. This charge is a class A misdemeanor. The charge becomes sexual abuse in the first degree if the sexual contact is by force, with a person who is physically incapacitated, or under the age of 11. Anyone who commits this act and is over 21 years old when the abuse victim is under 13 years old will be charged with sexual abuse in the first degree.

Potential Sentencing

The sentencing you face for this crime depends on the charge.

Forcible Touching

Forcible touching is a class A misdemeanor. If convicted, you could face up to 1 year in jail, 6 years on probation, and a fine of up to $1,000. However, if this is not your first conviction, you may get charged with persistent sexual abuse, a class E felony. The sentence for persistent sexual abuse carries a penalty of up to 4 years in prison.

Public Lewdness

This is a class B misdemeanor. If you get convicted you can spend up to three months in jail. You will be on probation for 3 years and pay a fine of up to $500.

Sexual Abuse in the Third Degree

This crime is a class B misdemeanor. You could face up to three months in jail. You will be on probation for 6 years and a pay a fine of up to $500.

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Sexual Abuse in the Second Degree

Sexual abuse in the second degree is a class A misdemeanor. If you are convicted, you face up to 1 year in jail. You will be on probation for 6 years and have to pay a fine of up to $1,000.

Legal Scenario: What Would You Do?

Scenario

You were on a crowded subway platform when you stepped into a corner to adjust your clothing after a wardrobe malfunction, and a transit officer arrested you for public lewdness. You were simply trying to fix a broken zipper, but witnesses claim they saw you exposing yourself.

Can I really be charged with public lewdness in New York for something that was an accident?

Attorney's Answer

Under New York Penal Law § 245.00, public lewdness requires that a person intentionally exposes their private parts in a lewd manner in a public place. The key word is 'intentionally' — the prosecution must prove you deliberately exposed yourself with lewd intent, not that you were dealing with a genuine wardrobe malfunction. An experienced NYC criminal defense attorney can challenge the intent element by gathering witness statements, reviewing surveillance footage, and demonstrating that your actions were innocent. A conviction carries up to three months in jail and mandatory sex offender registration, so building a strong defense early is critical.

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

Sexual Abuse in the First Degree

Sexual abuse in the first degree is a class D felony. Anyone convicted of this crime faces a possible sentence of up to 7 years in prison, 10 years on probation, and a fine of around $5,000.

Anyone who has been arrested for committing a lewd act, you need to hire an attorney. A conviction for any of these crimes can have an adverse impact on your life. Please contact us at Federal Lawyers to schedule a free consultation. Our attorneys can help you through this process. We can be reached at 888-729-7065.