Exposure Of A Person: NY Penal Law § 245.01

by ECL Writer
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A crime called exposure entails exposing one’s privates to the public. Public lewdness is a crime similar to this one. The difference is that although exposure of a person only involves the simple revealing of private parts in public, public lewdness demands some form of lewd act. Almost any location that is accessible to the general public, such as a park, subway station, bus, train, library, or public restroom, can be referred to as “public.”

But it can also refer to a location that is not private despite being closed to the public. If you appear in public with exposed or unclothed private or intimate areas of your body, you may be charged with exposure of a person under New York Penal Law 245.01.

Exposure Of A Person: Understanding The Law

Public lewdness is distinct from Exposure of a Person (PL 245.01). If the prosecution establishes beyond a reasonable doubt that you exposed your intimate or private body parts while in a public location, you are guilty of the offense. Being a woman, breastfeeding is legitimate and does not violate the Exposure of a Person rule. However, the felony would stand subject to additional arguments you and your criminal defense lawyer put out if you exposed your breasts below the top of your areola for any other reason than in connection with a performance in a play, exhibition, show, or entertainment.

Exposure Of A Person Sentence

A violation is when a person is exposed. If found guilty, the maximum term is 15 days in jail and a $250 fine. A conviction for a violation, however, won’t leave a criminal record.

Exposure Of A Person And Public lewdness: Direct And Collateral Consequences

If you are found guilty of Public Lewdness, NY PL 245.00, a class “B” misdemeanor, a criminal court judge may impose a sentence of up to three months in jail. If you are found guilty in New York City, you must serve your sentence on the notorious Rikers Island. As an alternative, you can receive a probationary sentence, community service hours, a conditional discharge, or time served. Moreover, there are court charges and fees in addition to a punishment of up to $500.

Exposure of a Person, NY PL 245.01, is less serious than Public Lewdness because it is an infraction rather than a crime. A conviction wouldn’t be a criminal conviction, but it would be on your record throughout the criminal court system and for a year after. The maximum term for exposure is fifteen days in prison.

The collateral effects of an arrest for either of these charges can be disastrous and are debatably equally important to some people. Are you compelled to inform your employer about this arrest, as you would if you were a teacher or another employee of the New York City Department of Education? What effects might a misdemeanor conviction have on your H-1B, F-1, or other visas? Would a conviction as a noncitizen cause your legal status to be reviewed, restrict your ability to renew it, or bar you from traveling? A public lewdness conviction is a CIMT, or a Crime Involving Moral Turpitude.


Exposure Of A Person Defence

If you are breastfeeding in public, you are not in violation of this statute’s exposure of a person provision. Additionally, you have not violated the law by exposing a person if you do it as a part of a play, show, or any form of entertainment.

New York Penal Law § 245.01: Exposure of a person

A person is guilty of exposure if they present in a public setting with their private or personal body parts exposed or unclothed. The region of a woman’s breast below the top of the areola counts as her private or intimate parts for the purposes of this clause. Infants who are being breastfed or anyone participating in a play, exhibition, show, or other kind of entertainment are exempt from the provisions of this section.

A violation is when a person is exposed. Nothing in this section prevents a city, town, or village from passing a local legislation that forbids the exposure of a person as defined herein in a public setting at any time, regardless of whether the person is entertaining or participating in a play, exhibition, show, or other kind of entertainment.

Hiring a New York lawyer for an exposure of a person case is vital for navigating the complexities of this legal issue. New York’s stringent laws demand expert guidance to protect your rights. An experienced attorney will assess the evidence, build a strong defense, and advocate on your behalf in court. They understand the nuances of state statutes, ensuring the best possible outcome for your case. From privacy violations to revenge porn, a skilled New York lawyer will offer the legal expertise and guidance needed to secure justice and protect your reputation in a city known for its rigorous legal standards.

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