New York Lewd Conduct Lawyer
New York state law prohibits lewd conduct in public. Lewd conduct is defined as any act of sexual gratification that is performed in a public place or in view of the public. This includes acts such as masturbation, sexual intercourse, or exposure of one's genitalia. Under New York Penal Law § 245.00 you could be charged with public lewdness if you intentionally expose your private parts, such as your penis, buttocks, or vagina in a lewd manner in a public place such as a city street or on a public bus, or you do some sort of lewd act such as masturbation. It is important to note that the definition of lewd conduct in New York also includes acts that are performed in private places but can be seen by others, such as through windows or doors. This means that even if the act is not performed in a public place, it can still be considered lewd conduct if it can be seen by others. Additionally, lewd conduct charges can also be escalated if they involve minors or are performed in a school zone. In these cases, the penalties can be much more severe, including mandatory registration as a sex offender and increased jail sentences. If you are facing a charge related of public lewdness, you need experienced legal representation. Contact an experienced New York lewd conduct lawyer at Stephen Bilkis & Associates. It is critical that you have someone to represent your interest from the beginning of the case until it is resolved.Examples of Lewd Conduct
Luis Guaman was charged with public lewdness for rubbing his exposed penis against another man’s buttocks without that person’s consent. He was also charged with sexual abuse in the third degree and forcible touching. People v. Guaman, 2014 NY Slip Op 1264 (N.Y., 2014).
Jagtar Singh approached several people in a public place and intentionally exposed his private or intimate parts. Singh was charged with public lewdness. People v. Singh, 2015 NY Slip Op 50504 (N.Y. App. Term, 2015)
In In re Jeremy Jordon M. 953 N.Y.S.2d 550 (2012), the defendant was charged with public lewdness after being observed exposing his penis and masturbating near a public bike path.Penalties for Lewd Conduct
The penalties for lewd conduct in New York vary depending on the specific circumstances of the case. In general, a first-time offender can face a fine of up to $1,000 and up to one year in jail. Repeat offenders may face more severe penalties, including higher fines and longer jail sentences. Further, aggravating factors such as the lewd act being performed in a school could result in additional charges and a heavier sentence. Given what’s at stake, it's important for individuals facing lewd conduct charges to work with an experienced New York lewd conduct lawyer to build a strong defense and protect their rights.Proving and Defending a Lewd Conduct Charge
In order to prosecute someone for lewd conduct in New York, the district attorney must prove that the act was performed intentionally and that it was performed for the purpose of sexual gratification. The prosecution must also show that the act was performed in public or in view of the public.
Defending against a charge of lewd conduct in New York can be challenging. However, there are several defenses that can be raised, including:
- Lack of intent: The defendant did not intend to perform the act for sexual gratification.
- Lack of knowledge: The defendant was not aware that the act was visible to others.
- Lack of public view: The act was performed in a private place and was not visible to the public.
- Mistaken identity: The defendant was not the person who committed the act.
- Entrapment: The defendant was induced by law enforcement to commit the act.
It is important to work with an experienced lewd conduct attorney in New York if you are facing charges of lewd conduct in New York who can help you build a strong defense and ensure that your rights are protected throughout the legal process. If necessary, they can also negotiate with the prosecution to reduce the charges or penalties, and in some cases, may be able to have the charges dismissed altogether.Notable New York Lewd Conduct Cases
- People v. Simons, 59 N.Y.2d 966 (1982). The defendant was convicted of lewd conduct for exposing himself in a public park. The court found that the defendant's behavior was harmful to the public and could cause psychological harm to those who witnessed it. The defendant was sentenced to a year in jail.
- People v. Burrell, 709 N.Y.S.2d 455 (Sup. Ct. 1999). The defendant was convicted of lewd conduct for exposing himself to children at a public park. The court found that the defendant's behavior was especially harmful to minors and sentenced him to several years in jail.
Lewd conduct is a serious offense in New York and carries significant penalties. If you have been charged with this crime, it is important to seek the advice of an experienced lewd conduct attorney serving New York who can help you navigate the criminal justice system and protect your rights. Contact Stephen Bilkis & Associates at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We represent clients in Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County, Westchester County, and Suffolk County.