NY Penal Law § 130.52: Forcible Touching.
Learn about New York Penal Law § 130.52 forcible touching, including its definition, real-life examples, penalties as a class A misdemeanor, related offenses, and possible defenses. Discover how a conviction can impact you, including probation, jail time, and mandatory sex offender registration under SORA if the victim is under 18.
Forcible touching is described in the New York Penal Code § 130.52 as purposefully touching the sexual or intimate parts of someone else's body for no reason or in order to get personal sexual gratification. Touching can entail squeezing, grabbing, or pinching. Although it is serious, it is not a felony like the majority of the other sex crime. This offence is a class A misdemeanor. While forcible touching can occur in crowded public areas such as on a crowded subway platform or at a nightclub, it can also take place in private residences.
Two Examples
1. While riding in a crowded subway car, a man puts his fingers on a woman's vagina through her clothing. That man could face prosecution for forcible touching as he did not get the consent of the woman to touch her.
2. The 25 year old uncle of a 14 year old girl uses his penis to touch his niece's vaginal area through her pants. A prosecutor could charge the man with forcible touching as a child of 14 years is too young to consent to sexual contact.
Offenses that are Related
- Sexual abuse in the second degree: New York Penal Code § 130.60
- Sexual misconduct: New York Penal Code § 130.20
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