OLR Bill Analysis

sSB 367 (File 425, as amended by Senate “A”)*

AN ACT CONCERNING PUBLIC INDECENCY IN A CORRECTIONAL INSTITUTION.

SUMMARY:

This bill creates a crime of public indecency in a correctional institution. An inmate commits this crime if:

1. he or she intends to harass, annoy, embarrass, or intimidate a Department of Correction (DOC) employee;

2. he or she masturbates or performs a lewd exposure of his or her intimate parts; and

3. the act can reasonably be expected to be viewed by a reasonably identifiable DOC employee.

Under the bill, this crime is a class B misdemeanor punishable by up to six months in prison, a fine of up to $ 1,000, or both. If a person is already in prison when sentenced to a prison term for this crime, the new sentence runs consecutively with the term he or she was serving at the time of the violation.

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.

*Senate Amendment “A” (1) requires that a person act with intent to harass, annoy, embarrass, or intimidate a DOC employee in order to commit this crime and (2) reduces the penalty from a class D felony (punishable by up to five years in prison, a fine of up to $ 5,000, or both) to a class B misdemeanor.

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 (CGS 53a-186).

COMMITTEE ACTION

Judiciary Committee

Joint Favorable

Yea

41

Nay

0

(03/28/2012)