NY Penal Law § 245.02: Promoting the exposure of a person

Exposure of a person is a violation that involves showing your intimate parts in public. This offense is similar to the crime of public lewdness. However, the difference is that public lewdness requires some sort of lewd act, while exposure of a person requires the mere exposing of intimate parts in public. Public can mean almost any place that is open to the general public such as a park, subway station, bus, train, library, or public restroom. But it can also mean a place that while not open to the public is not private. Under New York Penal Law § 245.02 you could be charged with promoting the exposure of a person if you knowingly maintain, own, or operate a public premise or place where a person in a public place appears in such a manner that the private or intimate parts of his body are unclothed or exposed.

Robert is a nudist. When he is in his home he rarely wears clothing. When he is able to, he travels to various nude beaches around the world. He also is the president of a local club for people who are into nudism. One day he decided to have a club meeting in has backyard. About 30 people attended and sat in his backyard without clothes on. While they remained on Robert's private property, his neighbors were able to clearly see them. They called the police. Robert could be charged with both promoting the exposure of a person in violation of New York Penal Law § 245.02 and the exposure of a person in violation of New York Penal Law § 245.01.

1. Public lewdness: New York Penal Law § 245.00
2. Exposure of a person: New York Penal Law § 245.01
3. Public lewdness in the first degree: New York Penal Law § 245.03
4. Offensive exhibition: New York Penal Law § 245.05

Under this statute, you are not guilty of promoting the exposure of a person if you provide a place where women can breastfeed in public. In addition, you are not guilty of promoting the exposure of a person if you operate a public premise were people expose their intimate parts as part of a play, show or some other type of entertainment.

Promoting the exposure of a person is a violation. If convicted the possible sentence is up to 15 days in jail and a fine of up to $250. However, a conviction for a violation will not result in a criminal record.

A person is guilty of promoting the exposure of a person when he knowingly conducts, maintains, owns, manages, operates or furnishes any public premise or place where a person in a public place appears 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. Promoting the exposure of a person is a violation. Nothing in this section shall prevent the adoption by a city, town or village of a local law prohibiting the exposure of a person substantially as herein defined in a public place, at any time, whether or not such person is entertaining or performing in a play, exhibition, show or entertainment.

Even though promoting the exposure of a person is not a crime but a violation, you could still end up in jail and you will have to pay a fine. If you face this charge, it is important to contact an experienced attorney. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been accused of public lewdness, indecent exposure, fondling, sex crimes and other criminal offenses. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of larceny in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.