NYC Public Lewdness Lawyer

Public lewdness charges in New York City often begin with a misunderstanding. Someone makes a quick judgment in a public restroom, transportation hub, or park. Minutes later, you’re facing criminal charges that could affect your reputation and record.

As former prosecutors, we’ve seen these cases from both sides of the courtroom. We know exactly how the District Attorney builds these cases.

Our defense team has successfully represented clients throughout NYC, securing charge reductions, dismissals, and favorable resolutions that protect our clients’ futures. If you’re facing public lewdness charges in NYC, contact our legal team today for a free consultation.

Public Lewdness Under NY Law

Under New York Penal Law § 245.00, public Lewdness is a criminal offense involving the intentional exposure of intimate parts in a lewd manner. This charge applies when the act occurs in a public place, or in a private location where the individual can be readily observed from a public area or another private space, and does so with the intent to be seen.

Consequences of a Public Lewdness Conviction

Public Lewdness is a Class B misdemeanor in New York. A criminal conviction can carry penalties of 90 days in jail, fines, probation, and a criminal record.

In addition, a judge may impose a conditional discharge requiring the offender to adhere to certain court-mandated conditions and/or community service.

For repeat offenders or cases involving minors, prosecutors may pursue Aggravated Public Lewdness under Penal Law § 245.03, a Class A misdemeanor with enhanced penalties.

Defenses to Public Lewdness Charges

An experienced criminal defense attorney can often identify possible defenses and strategies to challenge public lewdness charges, such as:

Challenging the Location: If the alleged lewd act took place in a private location where it could not be readily observed from any public place or other private premises, it cannot be considered public lewdness under New York law.

Challenging the Intent: Proving that the defendant did not intentionally expose their private or intimate parts in a lewd manner may create reasonable doubt and lead to a dismissal or reduction of the charges.

Challenging the Age Element: If the person entertaining the behaviors is not less than sixteen years of age, it might be a possible defense.

Challenging the Nature of the Act: If the act was not lewd or sexually suggestive, it cannot be considered public lewdness under New York state law.

Challenging the Credibility of the Witnesses: In cases where the sole or primary basis for the public lewdness charge is the testimony of an undercover police officer, the defense may challenge the officer’s credibility, motives, or ability to accurately observe the alleged lewd act.

Contact Us for a Free Consultation

If you have been charged with public lewdness, it is crucial to seek the help of an experienced NYC public lewdness lawyer. We are committed to providing aggressive defense and support throughout the criminal process. Contact us today for a free consultation.

Frequently Asked Questions

What is public lewdness?

Under NY Penal Law § 245.00, public lewdness occurs when a person intentionally exposes their private or intimate parts in either a public place or private premises where they can be readily observed from a public location. This lewd act must be committed in a lewd manner with the intent to be observed by others. The law distinguishes between acts committed in private residences or other private premises versus those visible to the public.

What are the penalties for public lewdness in New York?

Public lewdness is generally charged as a Class B misdemeanor under NY Penal Law. Convictions can result in up to 90 days in jail, probation, fines, and possibly community service. However, if you have a prior conviction for this offense, you could face enhanced penalties. A public lewdness conviction creates a permanent criminal record that may constitute a crime involving moral turpitude.

Is there a difference between public lewdness and exposure of a person?

Public lewdness involves exposing private or intimate parts in a lewd manner, while exposure of a person’s private parts in public without proper clothing. Both charges can result in jail and fines. Our New York criminal lawyers can go over your case to determine how it aligns with each statute.

Where in New York do public lewdness arrests take place?

Common arrest locations include the subway station, public restrooms, the Port Authority Bus Terminal, and parks. Each location presents different defense challenges based on privacy expectations and whether the alleged conduct could be readily observed by others.

What defenses might be available for public lewdness charges?

Possible defenses include challenging whether the area was truly public or a private location where the defendant had a reasonable expectation of privacy; questioning whether the arresting officer actually observed the alleged conduct; arguing lack of intent (the exposure was accidental rather than intentional); and establishing reasonable doubt about the lewd manner element.

What happens after I receive a desk appearance ticket for public lewdness?

After receiving a desk appearance ticket, you need to appear in court on the specified date, where the district attorney will decide whether to proceed with the charges. The process typically involves central booking, arraignment, possible plea negotiations, and either dismissal, plea, or trial. Having a lawyer present from the earliest stage can significantly impact how your case progresses through the criminal justice system.

Can a public lewdness charge be resolved without trial?

Many public lewdness cases can be resolved through plea negotiations. Possible outcomes include a reduction to a non-criminal violation like disorderly conduct, a conditional discharge with community service, or, in some cases, complete dismissal. First-time offenders with strong mitigating factors may qualify for diversionary programs under New York State law.