New York City Lewdness & Exposure Defense Attorney
New York State law provides that exposure of a Person (P.L. 245.01) can be charged when you show your private parts in public. Public lewdness
(P.L. 245.00) is more serious and can be charged if the exposure is intentional
and in a lewd manner. Either one can lead to an embarrassing record that
is often unwarranted when considering the entire context of what occurred.
Despite the fact that most people believe they know when someone's
conduct has crossed the line and become lewd or criminally improper, the
law, set forth below, is less than clear.
Bathrooms. In 2007, Senator Larry Craig (a Republican) was caught in a Minneapolis
airport for trying to engage in a gay sexual encounter. An undercover
police officer sitting in the adjacent stall noticed that Craig was tapping
his foot up and down and swiped his hand to try to get the undercover's
attention. These actions were recognized by the police as a known signal
to initiate a sexual encounter. Craig plead guilty and his career and
personal life were destroyed. It is very difficult to convince anyone
that you're innocent after you've pled guilty in court which is
why it is critical that you obtain representation as soon as possible.
Public places like men’s restrooms in transportation facilities
like Grand Central, Penn Station, the Port Authority Bus Terminal, and
Central Park are known to the NYPD to be places where gay and bisexual men congregate
for an anonymous encounter. This is sometimes referred to as “cruising”.
The Craig case heightened public awareness of this issue and the risks
of getting arrested.
Parks. The NYPD sends under conver police officers into New York City parks such as
Central Park to look for possible sexual activity. The Rambles secion of
Central Park is known to be a place where men congregate for sexual encounters.
Bars / Clubs. Alcohol can cause you to do things that you might otherwise not do. If
a resulting lapse in judgement leads to sexual activity happening inside
or near the establishment or in public, you could get arrested for public
lewdness and/or exposure.
Other Public Places. New York has the greatest population density of any city in the U.S. As
a result, it is simply more likely here than anywhere else that if you
are engaging in something meant to be private, others may see you and
get offended. Also, this population density means that there are more
prying eyes which increases the risk that an honest mistake about something
you're doing could lead to handcuffs and a lewdness or exposure charge.
We have successfully argued that clients who were accused of masturbating
were simply urinating or that the witness was mistaken about what they
saw. Even if a error in judgement has lead you to be charged with lewdness
or exposure, it may be possible to get the charges dismissed or reduced
in light of the unique facts and circumstances of your case.
Contact us for a Evaluation evaluation.
A person is guilty of public lewdness when he intentionally exposes the
private or intimate parts of his body in a lewd manner or commits any
other lewd act (a) in a public place, or (b) in private premises under
circumstances in which he may readily be observed from either a public
place or from other private premises, and with intent that he be so observed.
P.L.§ 245.01 Exposure of a person -
P.L. 245.01 (PDF)
A person is guilty of exposure if he appears in a public place in such
a manner that the private or intimate parts of his body are unclothed
or exposed. For purposes of this section, the private or intimate parts
of a female person shall include that portion of the breast which is below
the top of the areola. This section shall not apply to the breastfeeding
of infants or to any person entertaining or performing in a play, exhibition,
show or entertainment.
Lewdness and Exposure are only illegal in public and the law defines a
"public place" as "a place to which the public or a substantial
group of persons has access, and includes... highways, transportation
facilities (such as
Grand Central,
Penn Station, Port Authority) , schools, places of amusement, parks, playgrounds, hallways,
lobbies, and other portions of apartment houses and hotels not constituting
rooms or apartments designed for actual residence" (P..L. 240.00(1)).
Subway platforms have also been designated public places for lewdness
& exposure cases. The circumstances greatly dictate whether the prosecutor
can establish public lewdness because what is considered a "lewd
manner" or "lewd act" or an intent to be observed may vary
from person to person. Exposure of a person, section 245.01 was enacted
in 1967 with the goal of discouraging topless waitresses but it has been
expanded and it can be charged in a variety of situations.
What is lewd? What is or is not a "lewd act" is not defined by statute. In
Matter of Paul R. (1987), a person seen masturbating in front of someone's
window was found to be prohibited by the phrase "any other lewd act"
under 245.00 as was a defendant seen masturbating in a subway station
in People v. Hatton (2015).
Lewdness Penalties:
- Class B Misdemeanor
- Jail up to 3 months
- Probation
- Interim probation supervision
- A permanent criminal record
- Immigration, travel, and employment consequences
- A fine of up to $500, $175 surcharge, $25 crime victim assistance fee
Exposure Penalties:
- Violation
- Jail up to 15 days
- Record for a year (or longer depending on sealing waiver)
- Immigration, travel, and employment consequences
- A fine of up to $250, $95 surcharge, $25 crime victim assistance fee
Your Best Strategy
Following arrest, you may be held for booking or given a desk appearance
ticket and released. Never go to court alone. The outcome of your case
will greatly depend on your attorney so choose someone who exclusively
handles criminal cases and has successfully handled other lewdness or
exposure cases.
Lance Fletcher, a former Manhattan prosecutor, has experience prosecuting and defending lewdness and public exposure
cases throughout New York City. He realizes that something as negligible
as urinating in public, a misunderstanding, or seemingly innocuous as
consensual sex can lead to this embarrassing criminal charge. Regardless
of how strong the case against you seems to be, you can avoid many serious
penalties by carefully fighting the charges. Through a careful analysis
of the facts of your case, it may be possible for Mr. Fletcher to negotiate
an outcome that will (1) avoid a criminal conviction, (2) avoid jail or
probation, and (3) cause the arrest to be removed from your official record.
Call today for a Evaluation evaluation 212-619-3900.
Some of our Public Lewdness Case Results
Grand Central - Client was allegedly masturbating in a public restroom. Client was arrested
and gave a full confession. Client was charged with lewdness and exposure.
Client was married with children and didin't want a trial for fear
that his family would find out.
Result: Case dismissed, no criminal record. We later provided client with confirmation
that client's arrest photo and fingerprint records were destroyed.
Case resolved without trial and Client's family never found out.
Grand Central - Client observed by arresting officer masturbating in the restroom - Given
a desk appearance ticket and later charged with public lewdness and exposure.
Client admitted it to the arresting officer but didn't have a lawyer present.
Result: Criminal charges dropped and reduced to non-criminal violation, case
sealed. No criminal record.
Grand Central - Client observed by MTA employee masturbating in a men's restroom
- Given a desk appearance ticket and charged with lewdness and exposure
in court. Client was not a citizen.
Result: Case eventually dismissed and no serious immigration consequences.
Grand Central - Client observed by MTA employee masturbating in a urinal - Given a desk
appearance ticket and charged with lewdness and exposure in court.
Result: Criminal charges dropped and reduced to non-criminal violation, case
sealed and we provided client with confirmation that arrest photograph
and fingerprint record was destroyed. Client also requested we run background
check later which confirmed client's record was clean.
Grand Central - Client and another person were arrested for alleged sexual activity in
a restroom. Client was later charged with exposure and lewdness. Client
faced immigration consequences.Result: Case dismissed, no criminal record.
Penn Station - Client allegedly masturbating in a urinal witnessed by undercover. Client
had professional license and applying for citizenship. Client was arrested
and given a desk appearance ticket charging Exposure (245.01) and later
Lewdness (245.00) was charged in court
Result: No criminal conviction, no criminal record, small fine. No immigration
consequences.
Penn Station - Client allegedly exposed self to undercover police officer. Gave full
written confession. Client was married with children and feared any public
trial would destroy client's marriage.
Result: Case eventually dismissed, no criminal record and case resolved with
no trial and no public hearings regarding the alleged facts. Basically,
everything was kept as quiet as possible.
Penn Station - Client was arrested after using urinal. Client provide full written confession
that client was cursing and looking for sexual encounter.
Result: Exposure and Lewdness charges dropped and case reduced to non-criminal
violation, no criminal record, small fine. Record sealed. We provided
client with written confirmation that client's arrest photograph and
fingerprints were destroyed as part of the outcome.
Port Authority - Client and another person were arrested in a Port Authority bathroom
- Client was worried that the other person would tell the judge that Client
exposed Client's intimate areas - Other person had investigator harass Client -
Result: We were able to stop the harassment, Case eventually dismissed. No criminal
record, arrest photograph and fingerprints sealed.
Port Authority - Client arrested for exposing self to undercover police officer - Client
was given a desk appearance ticket charging exposure 245.01 and was charged
with lewdness 245.00 in court. Client was a working professional and was
concerned about losing employment.
Result: Criminal charges dropped, case reduced to non-criminal violation, small
fine. We were able to provide client with written confirmation that Client's
arrest photograph and fingerprint record were destroyed as a result of
the deal we reached in court.
Central Park - Client observed by undercover police officer masturbating in the Rambles
- Client was given a desk appearance ticket with a top offense charged
of 245.00 but 245.01 was added later. Client also gave the police a full
confession. Client was married and an executive at a major corporation.
Result: Case eventually dismissed, no criminal record, arrest records sealed.
We were also able to provide client with written confirmation that Client's
arrest photograph and fingerprint record were destroyed.
Central Park - Client observed by police officer wearing plain clothing engaging in
sexual activity with another person who was not arrested - Client was
given a desk appearance ticket. Client was a professional and had been
arrested before for the same thing.
Result: Public lewdness and public exposure charges dropped, small fine, no criminal
record, arrest records sealed.
Central Park - Client observed by undercover police officer engaging in sexual activity
with another person who was also arrested - Client was given a desk appearance
ticket with a top offense charged of 245.01. Client was married and had
a professional career hanging in the balance.
Result: Public lewdness and public exposure charges dropped, small fine, no criminal
record, arrest records sealed.
Call today for a case evaluation 212-619-3900.