OLR Bill Analysis

sSB 367

AN ACT CONCERNING PUBLIC INDECENCY IN A CORRECTIONAL INSTITUTION.

SUMMARY:

This bill creates a crime of public indecency in a correctional institution. A prisoner commits this crime if (1) he or she performs a lewd exposure of his or her intimate parts or masturbates and (2) the act can reasonably be expected to be viewed by a reasonably identifiable Department of Correction employee. Under the bill, this crime is a class D felony punishable by up to five years in prison, a fine of up to $ 5,000, or both.

The bill also makes this new crime a “nonviolent sexual offense” which requires registration as a sex offender for 10 years and for life for a subsequent offense.

EFFECTIVE DATE: July 1, 2012

BACKGROUND

Public Indecency

A person commits public indecency if he or she, in a place where the conduct may reasonably be expected to be viewed by others, performs (1) an act of sexual intercourse, (2) a lewd exposure of the body with intent to arouse or satisfy his or her sexual desire, or (3) a lewd fondling or caress of another's body. This crime is a class B misdemeanor punishable by up to six months in prison, a fine of up to $ 1,000, or both (CGS § 53a-186).

COMMITTEE ACTION

Judiciary Committee

Joint Favorable