PL 245.00 · Article 245
Public Lewdness
This offense covers intentional lewd exposure or another lewd act in one of three alternative settings. Those settings are a public place, private premises with ready visibility and an intent to be observed, or a dwelling where the person accused is trespassing and is observed by a lawful occupant.
Has your loved one been arrested or taken into police custody?
Text us immediately · (845) 290-2492Definition under New York law
PL 245.00 · Original statutory wording; excerpts must be read together with the full section.
§ 245.00 Public lewdness. A person is guilty of public lewdness when he or she intentionally exposes the private or intimate parts of his or her body in a lewd manner or commits any other lewd act: (a) in a public place, or (b) (i) in private premises under circumstances in which he or she may readily be observed from either a public place or from other private premises, and with intent that he or she be so observed, or (ii) while trespassing, as defined in section 140.05 of this part, in a dwelling as defined in subdivision three of section 140.00 of this part, under circumstances in which he or she is observed by a lawful occupant. Public lewdness is a class B misdemeanor.Read the full section at the New York State SenateIn everyday language
This offense covers intentional lewd exposure or another lewd act in one of three alternative settings. Those settings are a public place, private premises with ready visibility and an intent to be observed, or a dwelling where the person accused is trespassing and is observed by a lawful occupant.
At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.
CPL § 70.20What the prosecutor must prove
- The prosecution must prove every required element of the applicable alternative beyond a reasonable doubt.
- The person accused intentionally exposed private or intimate body parts in a lewd manner, or committed another lewd act; these are alternatives, not cumulative requirements.
- The act occurred in one of these alternative settings, not all three: (a) a public place; (b) private premises where the person accused could readily be observed from a public place or other private premises, with intent to be so observed; or (c) a dwelling, as defined in section 140.00(3), while trespassing as defined in section 140.05, where a lawful occupant observed the person accused.
Defenses that commonly apply
- What evidence establishes intentional lewd exposure or another lewd act, rather than accidental or nonlewd conduct?
- Was the location public, or, under the private-premises visibility alternative, was there both ready visibility and intent to be observed?
- Under the dwelling alternative, was the person accused trespassing within the referenced definition, and did a lawful occupant actually observe the person accused?
Penalties and collateral consequences
A Class B Misdemeanor carries a maximum sentence of up to 3 months and a fine of up to $500 or up to twice the gain.
Common questions about your defense
Can lack of intent to be seen defeat a public-lewdness charge?
If the prosecution relies on the private-premises visibility alternative, it must prove both ready visibility and intent to be observed. Evidence negating that intent may undermine that alternative, but the public-place and trespassing-in-a-dwelling alternatives do not expressly require that intent. The prosecution must still prove every element of whichever alternative it relies on beyond a reasonable doubt.
Why is starting a defense early imperative?
An early defense is imperative to protect your rights and preserve evidence that may disappear. Keep court papers, messages, footage, and witness information without deleting or altering anything. Counsel can review court dates and applicable deadlines, request evidence, and begin preparing your defense immediately.
How does an experienced lawyer help build the best possible defense?
Your lawyer checks the exact subsection, compares its requirements with the evidence, and listens to your account. Depending on the charge, counsel may investigate identification, intent, witness reliability, and possible problems with searches, statements, or testing. Working together on an early strategy is imperative to pursue the best possible outcome in your circumstances; no outcome is guaranteed.
Does an arrest or police report prove the charge?
No. A police report is part of the case, not a finding of guilt. Your lawyer can compare its claims with video, records, and witnesses and assess whether admissible evidence meets each applicable requirement.
Can the charge be dismissed or reduced?
That depends on the evidence, the charged subsection, and procedural rules. Challenging evidence, filing motions, negotiating a legally available resolution, or preparing for trial may be appropriate. No lawyer can promise dismissal, reduction, or acquittal.
Every case turns on its own facts. The information on this page is general, not legal advice.
Related charges
Related practice areas
Aggressive, experienced defense for arrests, investigations, and serious charges in Rockland, Orange, and Westchester Counties.
From major felonies to misdemeanors and violations, a former prosecutor in your corner from arraignment to verdict.
Tickets, license suspensions, and DMV hearings — keep points off your record and your license in your pocket.