Promoting The Exposure Of A Person: NY Penal Law § 245.02

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 intentionally operate, own, or manage a public property or place where a person in a public place appears in such a way that the private or intimate parts of his body are unclothed or exposed, you may be charged with promoting the exposure of a person under New York Penal Law 245.02.

Robert is a nudist. He hardly ever wears clothes when he is at home. He visits different nudist beaches all over the world whenever he can. Additionally, he serves as the leader of a nudist club in his community. He made the decision one day to host a club meeting in his backyard. About 30 people sat in his backyard unclothed. They stayed on Robert’s private land, although his neighbors could see them. They made a police call. Robert could be charged with encouraging the exposure of a person in violation of New York Penal Law 245.02 as well as the exposure of a person in violation of New York Penal Law 245.01.

Promoting The Exposure Of A Person Sentence

Promoting someone’s exposure is against the law. 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.

Defenses

If you provide a location where women can breastfeed in public, you are not in violation of this statute for encouraging the exposure of a person. Additionally, if you run a public space where people display their privates as part of a play, show, or other form of entertainment, you are not guilty of encouraging the exposure of a person.

Related Post: OFFENSIVE EXHIBITION: NY PENAL LAW § 245.05

EXPOSURE OF A PERSON: NY PENAL LAW § 245.01

PUBLIC DISPLAY OF OFFENSIVE SEXUAL MATERIAL: NY PENAL LAW § 245.11

New York Penal Law § 245.02: Promoting The Exposure Of A Person

When a person intentionally runs, maintains, owns, manages, operates, or provides any public space where a person in a public setting appears in such a way that the private or intimate parts of his body are revealed, that person is guilty of promoting the exposure of that person. 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. Promoting someone’s exposure is against the law. Nothing in this section prevents a city, town, or village from passing a local ordinance that forbids exposing a person who essentially fits the definition here in a public setting at any time, regardless of whether they are entertaining or participating in a play, exhibition, show, or other type of entertainment.

Hiring A New York Lawyer For Promoting The Exposure Of A Person Case

Hiring a New York lawyer for an exposure of a person’s case is essential to navigate the complexities of legal proceedings in the state. New York’s laws on exposure, whether it involves indecent exposure or other forms of public nudity, require expert guidance. A qualified attorney will possess the knowledge of relevant statutes, precedents, and local regulations to build a strong defense or pursue a case effectively. They can help gather evidence, protect your rights, and negotiate with prosecutors or plaintiffs. With a skilled New York lawyer by your side, you can strive for a fair and just resolution in the exposure of a person cases.

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