Adds to the crime of public lewdness the electronic transmission of an image depicting exposed private or intimate parts without the consent of the recipient.
Summary
This bill amends New York’s public lewdness statute to add a new form of the offense involving electronic transmission. Under current law, public lewdness covers intentionally exposing private or intimate parts or committing another lewd act in a public place, in circumstances where the conduct can be readily observed, or while trespassing in a dwelling and being observed by a lawful occupant. The bill keeps those existing categories and adds a separate provision making it public lewdness to electronically transmit to one or more persons in or around a public place an image depicting exposed private or intimate parts without the recipient’s consent.
The measure would broaden Penal Law section 245.00 by explicitly covering nonconsensual digital dissemination of explicit images in public settings. It preserves public lewdness as a class B misdemeanor and would take effect 90 days after becoming law. In practical terms, the bill would give prosecutors a clearer statutory basis to charge certain unwanted electronic exposures, especially conduct involving phones, messaging, or other digital transmission in or near public places.
Impact
The bill would amend section 245.00 of the Penal Law, expanding the definition of public lewdness to include nonconsensual electronic transmission of images showing exposed private or intimate parts to people in or around a public place. This would affect individuals who send explicit images without consent, and it could be used in cases involving digital harassment, public indecency, or unwanted sexual exposure through electronic means. The offense remains a class B misdemeanor, so the bill does not change the penalty level, but it does broaden the conduct covered by the statute.
Sentiment
Based on the bill text and sponsor framing, the measure appears to be aimed at addressing a modern form of indecent conduct and protecting people from unwanted explicit images. There is no recorded committee debate or vote history in the provided materials, so no formal opposition or support is documented here. The overall tone of the bill is preventive and enforcement-oriented, with an emphasis on updating an older statute to reflect digital communication.
Contention
The main potential point of contention is whether the bill appropriately fits within the traditional concept of public lewdness, since it extends the offense from physical exposure in public or observable private settings to electronic transmission of images. Critics could question whether existing harassment, obscenity, or cybercrime laws already cover the conduct, or whether the new language could create ambiguity about what counts as being “in or around a public place.” Supporters would likely argue that the amendment closes a gap in the law and addresses nonconsensual digital exposure that can function like public indecency.
Same As
Adds to the crime of public lewdness the electronic transmission of an image depicting exposed private or intimate parts without the consent of the recipient.
Adds to the crime of public lewdness the electronic transmission of an image depicting exposed private or intimate parts without the consent of the recipient.
Adds to the crime of public lewdness the electronic transmission of an image depicting exposed private or intimate parts without the consent of the recipient.
Relating to the unlawful production or distribution of certain sexually explicit media and to the removal of certain intimate visual depictions published on online platforms without the consent of the person depicted; increasing criminal penalties.
Modifying elements in the crimes of sexual exploitation of a child, unlawful transmission of a visual depiction of a child and breach of privacy to prohibit certain acts related to visual depictions in which the person depicted is indistinguishable from a real child, morphed from a real child's image or generated without any actual child involvement, provide an exception for cable services in the crime of breach of privacy and prohibit dissemination of certain items that appear to depict or purport to depict an identifiable person.