Assemblymembers Patricia A. Fahy and John T.

McDonald III
Representing the Capital Region in the New York State Assembly

For Immediate Release Oct. 7, 2013

FAHY, MCDONALD TO CO-SPONSOR LEGISLATION TO STRENGHTEN PUBLIC LEWDNESS LAWS ON INDECENT EXPOSURE
ALBANY, N.Y. (Oct. 7, 2013) --- Assemblymembers Patricia A. Fahy (D-Albany) and John T. McDonald III (D-Cohoes) will co-sponsor legislation that will increase penalties and charges for those who commit acts of public lewdness in front of minors and repeat offenders. The legislation creates a new charge of Public Lewdness in the first degree, elevating what had been a Class B misdemeanor to a Class A misdemeanor for individuals 19 years old and above who intentionally expose a private or intimate body part in the presence of a child under the age of 16, and to increase penalties on repeat offenders who have been convicted of Public Lewdness within the previous year. Significantly, the chair of the Assemblys Committee on Codes, Assemblymember Joseph Lentol (D-Brooklyn), has agreed to co-sponsor and move the bill when the Assembly resumes session. A Class A misdemeanor carries up to a year in jail or three years probation. Indecent exposure committed by individuals like Jayshawn Owens in our neighborhoods and in front of our school children is outrageous and unacceptable. As a mother of a 14 year old daughter who often walks to school or the bus, these repeated incidents hit very close to home. Increasing penalties to a Class A misdemeanor for instances of indecent exposure to a minor or for repeated offenders of indecent exposure will strengthen the hand of the courts in deterring the re-occurrence of these incidents of depravity," said Assemblymember Fahy. Deviant behavior such as public lewdness, whether at the expense of a child or anyone else, can and will have traumatic impacts on those affected and is even greater when dealing with a repeat offender. Sadly, this type of behavior is not unique to just the city of Albany but extends to communities throughout New York State and therefore there needs to be a more appropriate solution and a call for a more serious penalty," said Assemblymember McDonald. "I applaud the sponsorship efforts of Assemblymembers Patricia Fahy and John McDonald to elevate public lewdness to a Class A misdemeanor. Unfortunately, there are members of our society who prey upon young children and subject them to deviant behavior. Our judicial system should take note that oftentimes those who engage in acts of public lewdness are repeat offenders. We must do a better job in both strengthening our laws and meting out appropriate punishment so none of our young people or people of any age have to experience such abhorrent behavior, said Albany Mayor Gerald D. Jennings.

I appreciate and support these efforts by Albanys Assembly representatives to protect our citys young people, said City School District of Albany Superintendent Marguerite Vanden Wyngaard, Ph.D. I hope that their leadership on this important issue for communities across New York State will lead to safer neighborhoods for all of our children and families. Studies show that there is a high rate of recidivism amongst public lewdness offenders with one study showing that 24 percent re-offend. Additional data obtained indicates that over 10 percent of offenders progress to more serious sexual offenses. The current statute does not address the increased dangers that public lewdness can and does present. Public lewdness whose victims are children is of particular concern to legislators and should be treated with greater severity. Legislators also say that recent incidents of individuals being arrested on public lewdness charges with evidence of escalating behaviors are particularly worrisome. Currently, these individuals may only be charged with the lowest level misdemeanor. Advocates say the penal law must be amended so such individuals may be charged at a more serious level of offense in order to better protect children and the public. ###