Village of Canastota, NY Chapter 140 Offenses, Miscellaneous

[HISTORY: Adopted by the Board of Trustees of the Village of Canastota 3-1-1999 by L.L. No. 1-1999. Amendments noted where applicable.]

GENERAL REFERENCES

Peace and good order — See Ch. 148.

§ 140-1 Public indecency and promotion of exposure of a person.

A. Public indecency.

(1) Any person who knowingly or intentionally, in a public place, engages in sexual intercourse or deviate sexual intercourse as defined in the Penal Law, or appears in a state of nudity, or fondles the genitals of himself or another person thereby commits public indecency, punishable as a Class A Misdemeanor.

(2) "Nudity" shall mean the showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, the showing of a female breast with less than a fully opaque covering of any part of the areola, or the showing of covered male genitals in a discernibly turgid state. Excluded from this definition of nudity, however, shall be the breastfeeding of infants, but the definition shall apply to any person entertaining or performing in a play, exhibition, show or entertainment.

B. Promotion of exposure of a person.

(1) Any person who 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 or her body are unclothed or exposed thereby commits promotion of exposure of a person, punishable as a Class A Misdemeanor.

(2) 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. Excluded from this definition, however, shall be the breastfeeding of infants, but the definition shall apply to any person entertaining or performing in a play, exhibition, show or entertainment.

C. A person who, in a place other than the public place, with intent to be seen by persons other than invited and occupants of that place, engages in sexual intercourse, or engages in deviate sexual conduct, or fondles the genitals of himself or another person other than an invited and occupants of that place, commits indecent exposure, punishable as a Class A Misdemeanor.