Understanding Public Lewdness Charges Under NY Penal Law 245.00

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.

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
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Penalties increase for multiple convictions within a 1-year period. The offense also remains on your record, potentially impacting employment, licensing, and other opportunities.

Defending Against Public Lewdness Charges

Some possible defenses against NY public lewdness charges include:
  • No intentional exposure of intimate body parts
  • Not performed in a public place or easily visible to the public
  • Misidentification - you did not commit the alleged acts
  • Medical conditions that cause involuntary exposure
  • Mistaken public urination for public lewdness
An experienced NY criminal defense lawyer can evaluate the evidence and develop the strongest defense strategy for your specific case.

What to Do If Charged with Public Lewdness

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If facing public lewdness charges in New York, key steps to take include:
  1. Decline to answer any police questions until you have legal counsel
  2. Hire an experienced NY criminal defense attorney right away
  3. Follow your lawyer's instructions about responding to investigators or making statements
  4. Work closely with your lawyer to construct your defense
  5. Have your lawyer preserve applicable evidence like security footage
  6. Attend all required court appearances until your case resolution
  7. Avoid any legal issues while out on bail that could impact your case

Choosing the Right Lawyer for Your Public Lewdness Case

Todd Spodek — Former Prosecutor

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When facing public lewdness charges in NY, key traits to seek in a lawyer include:
  • Experience specifically defending NY public lewdness and decency charges
  • Successful track record getting charges reduced or dismissed pre-trial
  • Resources to build a strong defense and take your case to trial
  • Ability to negotiate firmly with prosecutors
  • Responsive communication and excellent client support
Don't leave your future up to chance. An experienced criminal defense lawyer can protect your rights, reputation, and criminal record if accused of public lewdness in New York. Sources:

Frequently Asked Questions

No. You have the right to remain silent and the right to an attorney. Invoke both rights immediately and contact Spodek Law Group.

Every case is different. We offer free initial consultations to evaluate your case and discuss our fee structure.

An arraignment is your first court appearance where charges are formally read. You enter a plea and bail may be set. Having an attorney present is critical.

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