Does the New York lewdness law Penal Law § 245.00 require that a lewd act in public is intended to be seen?
The law says the following:
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. Public lewdness is a class B misdemeanor.
Because of where the last comma is placed it's hard to tell. Is a public sex act illegal period or only if there is intent to be seen by passersby?
