20 Apr 23

NY Penal Law § 130.52: Forcible Touching

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Last Updated on: 5th August 2023, 03:47 pm

Forcible Touching: Understanding the Law and Its Consequences

Forcible touching is a serious offense that can lead to severe legal consequences. It is defined in the New York Penal Code ¬ß 130.52 as intentionally touching someone else’s sexual or intimate parts without their consent, either for personal gratification or no reason at all. This act of touching may include squeezing, grabbing, or pinching.

Although it is not considered a felony like most sex crimes, forcible touching remains a class A misdemeanor with significant penalties. The offense can occur anywhere – from crowded public areas such as subway platforms and nightclubs to private residences.

Two Examples of Forcible Touching

To better understand what constitutes forcible touching, here are two examples:

– In a crowded subway car, an individual touches another person’s vagina through their clothing without their consent.
– An uncle uses his penis to touch his 14-year-old niece’s vaginal area through her pants.

In both cases mentioned above, the perpetrator could face prosecution for forcible touching since they did not obtain consent from the victim before engaging in any form of sexual contact.

Offenses Related to Forcible Touching

Other offenses related to forcible touching include Sexual Abuse in the Second Degree (New York Penal Code § 130.60) and Sexual Misconduct (New York Penal Code § 130.20).

Possible Defenses Against Forcible Touching Charges

If you have been charged with forcible touching, there are several defenses that your attorney could use on your behalf:

1) Unintentional Contact: If you can demonstrate that any physical contact was unintentional rather than purposeful then this defense might work for you.
2) Consent: If you can prove that the other party gave explicit permission for any physical contact between them then this defense might be valid.
3) Mistaken Identity: You may argue mistaken identity if you were not the person who committed the offense.
4) Statute of Limitations: If you can prove that the statute of limitations has expired, then this defense could work for you.

The Sentence for Forcible Touching

Since forcible touching is a class A misdemeanor, it carries a maximum jail sentence of up to one year. However, if you are a first-time offender, your sentence may only include probation without any jail time. In such cases where probation is granted, it must be served for six years since forcible touching is both a sex crime and a misdemeanor.

If convicted of forcible touching and the victim was under 18 years old at the time of the incident, New York Correction Law § 168 mandates that you will be listed on the Sex Offender Registry as per The Sex Offender Registration Act (SORA). This means that you will have to register your name, address and other personal information with law enforcement agencies. You will also need to comply with sex offender registration and verification requirements for at least 20 years or possibly even life-long.

In conclusion, understanding what constitutes forcible touching in New York State is crucial in avoiding legal consequences. It’s important to note that consent plays an essential role in sexual contact between individuals; otherwise it becomes illegal. If charged with this offense or any related offenses mentioned above seek legal counsel immediately so they can help defend against these charges effectively.