NY Penal Law § 130.55: Sexual Abuse in the Third Degree

Sexual abuse in the third degree is one of the trio of sexual abuse offenses defined in New York law. It is the least severe of the sexual abuse crimes. You will face this charge under New York Penal Code section 130.55 if you subject another individual to sexual contact without that person’s consent. This crime is a class B misdemeanor. While it is a misdemeanor and not a felony, sexual abuse is nonetheless a sex crime.

For you to be charged with sexual abuse in the third degree, you need to have subjected the other person to “sexual contact.” Sexual contact, as opposed to sexual intercourse, does not require that thepenis penetrates the vagina. Also, unlike the crime of criminal sexual act, the crime of sexual abuse does not necessitate anal sexual conduct or oral sexual conduct. What it does require is touching the sexual or intimate parts of another person for sexual gratification. Sexual or intimate parts are not clearly delineated in the statute. Nevertheless, defendants have been handed convictions for sexual abuse when they have touched another person’s vagina, penis, anus, rectum, buttocks, breasts, lips and mouth. Ejaculating on another individual is also a type of sexual contact.

Example

A male passenger on a crowded subway train was observed by two plain-clothes police officers positioning himself behind a woman in the subway car. He was seen bending his knees until his pelvis was at the same level with the woman’s buttocks. Suddenly, he thrust his groin against the woman, taking advantage of the motion of the train to move back and forth. When the police arrested him they noticed that the man had an erection and a wet stain on the groin area of his pants. That passenger could be prosecuted for sexual abuse in the third degree since not only did he touch an intimate part of the victim- her buttocks, he also ejaculated, which proves sexual gratification. Indeed, this passenger could also face a charge of forcible touching under New York Penal Code section 130.52.

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Legal Scenario: What Would You Do?

Scenario

After a night out at a bar in Manhattan, you were arrested and charged with Sexual Abuse in the Third Degree under NY Penal Law § 130.55 after another patron reported unwanted touching. You have no prior criminal record and are terrified about what a conviction could mean for your future.

What are the potential consequences of a Sexual Abuse in the Third Degree charge, and is there any way to fight this?

Attorney's Answer

Sexual Abuse in the Third Degree under Penal Law § 130.55 is a class B misdemeanor, carrying up to 90 days in jail and up to one year of probation. A conviction also requires registration as a sex offender under SORA (Sex Offender Registration Act), which can have life-altering consequences for your housing, employment, and reputation. However, the prosecution must prove beyond a reasonable doubt that sexual contact occurred and that it was without consent as defined under Penal Law § 130.05. An experienced defense attorney can challenge the evidence, question witness credibility, and in some cases negotiate a reduction to a non-sex-offense charge that avoids the registry requirement entirely.

This is general information only. Contact us for advice specific to your situation.

Offenses that are Related

• Forcible touching: New York Penal Code section 130.52
• Sexual misconduct: New York Penal Code section 130.20