Grand Central Lewdness and Exposure Defense Lawyer
In 2007, Senator Larry Craig (a Republican) was caught in a Minneapolis airport for trying to engage in a gay sexual encounter. An undercover police officer sitting in the adjacent stall noticed that Craig was tapping his foot up and down and swiped his hand to try to get the undercover's attention. These actions were recognized by the police as a known signal to initiate a sexual encounter. Craig plead guilty and his career and personal life were destroyed. It is very difficult to convince anyone that you're innocent after you've pled guilty in court. Public places like men’s restrooms in transportation facilities like Grand Central are known to the NYPD to be places where gay and bisexual men congregate for an anonymous encounter. This is sometimes referred to as “cruising”.
Grand Central Station received over 20 million visitors in 2013 and in
2015, more than 700,000 people passed through per day. Built in 1913,
Grand Central is often an overcrowded environment barely able to handle
today's modern population. Responding to complaints and rumors, the
NYPD patrols some of Grand Central's bathrooms with undercover police
officers because of allegations of sexual activity such as in the lower
level dining concourse and other bathrooms. This heightened enforcement
is designed to reduce improper behavior but can cause you to be arrested
and embarrassed for simply going to the bathroom.
Public lewdness. You're guilty of public lewdness in Grand Central when you intentionally expose your private parts in a lewd manner or commit any otherlewd act.§ P.L. 245.00 Public Lewdness (PDF)
Exposure You're guilty of exposure of a person, § P.L. 245.01 if you appear in public in a manner that your private or intimate parts are exposed.
Public Lewdness Penalties (245.00)
- Up to 90 days in jail
- Permanent criminal record
- DNA database registration
- Employment and immigration consequences
You can be easily be accused. f you go to the bathroom, you're committing most of the elements of
public lewdness, P.L. 245.00 and exposure, P.L. 245.01 because you have
to expose your private parts to urinate. The difference between properly
going to the bathroom and being arrested and charged with public lewdness
comes down to whether you were exposing your privates in a lewd manner.
Lewd has been defined as obscene or indecent, tending to moral impurity
or wantonness. Lewdness has been defined as gross, wanton, and public
indecency; a sexual act that the actor knows will likely be observed by
someone who will be affronted or alarmed by it. (People v. Wade, NY County,
2016). A conviction was upheld where the defendant was exposing and rubbing
his penis in open view towards another person in public. (People v. Topy,
NY County 2002). Often, an arrest for public lewdness in Grand Central
happens because a police officer believes you were exposing your penis
for sexual reasons.
Misunderstanding. The police are supposed to only arrest you for lewd behavior, not for simply going to the bathroom while on your way home. Because of the poor lighting, small spaces, and constant commotion of Grand Central, even an experienced police officer can make an honest mistake. The consequences of this mistake can be severe, not only because of the immediate embarrassment of being arrested in a public bathroom, but also the future court date where you will be formally accused in open court. Any conviction can lead to a permanent criminal record and worse.
Your Best Strategy
If you have been arrested public lewdness and/or exposure in Grand Central Terminal, contact us 212-619-3900 for a Evaluation and confidential case evaluation. Although any accusation of this type is embarrassing, don't go to court alone. Conviction can lead to a permanent criminal record which can cause employment, immigration, travel, and other consequences. Lance Fletcher, a former Manhattan prosecutor, will analyze the unique facts and circumstances of your arrest, any statement you made to the police, and possible defense that you may not have realized. We are prepared to fight any statements you may have made to the police without an attorney present and challenge any assumption that you were engaged in anything indecent. Lance Fletcher has obtained dismissals in Grand Central lewdness and exposure cases where his client made a full written and oral confession to the arresting officer.
Some of our Public Lewdness Case Results (Grand Central Station)
Grand Central - Client was allegedly masturbating in a public restroom. Client was arrested and gave a full confession. Client was charged with lewdness and exposure. Client was married with children and didin't want a trial for fear that his family would find out. Result: Case dismissed, no criminal record. We later provided client with confirmation that client's arrest photo and fingerprint records were destroyed. Case resolved without trial to keep things as quiet as possible.
Grand Central - Client observed by arresting officer masturbating in the restroom - Given a desk appearance ticket and later charged with public lewdness and exposure. Client admitted it to the arresting officer but didn't have a lawyer present. Result: Criminal charges dropped and reduced to non-criminal violation, case sealed. No criminal record.
Grand Central - Client observed by MTA employee masturbating in a men's restroom - Given a desk appearance ticket and charged with lewdness and exposure in court. Client was not a citizen. Result: Case eventually dismissed and no serious immigration consequences.
Grand Central - Client observed by MTA employee masturbating in a urinal - Given a desk appearance ticket and charged with lewdness and exposure in court. Result: Criminal charges dropped and reduced to non-criminal violation, case sealed and we provided client with confirmation that arrest photograph and fingerprint record was destroyed. Client also requested we run background check later which confirmed client's record was clean.
Grand Central - Client and another person were arrested for alleged sexual activity in a restroom. Client was later charged with exposure and lewdness. Client faced immigration consequences. Result: Case dismissed, no criminal record.
Contact us 212-619-3900 for a Evaluation and confidential case evaluation.