Facing Forcible Touching Charges in New York?

New York Penal Code 130.52: Forcible Touching

Under New York Penal Code 130.52, forcible touching is when someone intentionally, and without consent, touches another person's intimate parts for sexual gratification or to degrade or humiliate the person. This includes touching through clothing or direct contact with the skin. 

It is important to address two important issues at the outset when it comes to forcible touching. First, and consistent with almost every other sex offense, an individual can be prosecuted for forcible touching even if they are in an otherwise consensual relationship with the person. This goes for rape, sexual assault, and almost all other sex crimes. Indeed, if the other person is not consenting during this specific conduct, forcible touching can and will be charged, despite the existence of a relationship. 

Second, if you are convicted of forcible touching and the victim was under the age of 18 years old, you will be placed on the sex offender registry as required by New York Correction Law § 168, known as the Sex Offender Registration Act (SORA). You will have to comply with the sex offender registration and verification for at least 20 years.

Forcible Touching: PL 130.52(1)

Pursuant to PL 130.52(1), Forcible Touching, you are guilty of a class “A” misdemeanor if you intentionally and without a legitimate purpose forcibly touch the sexual or other intimate parts of another person. The reason for touching your alleged victim must be for the purpose of either degrading or abusing him or her. Alternatively, your intention can also be for your own sexual gratification or desire.

Forcible Touching: PL 130.52(2)

Pursuant to PL 130.52(2), you are guilty of subsection (2) of misdemeanor Forcible Touching when you intentionally, and for no legitimate purpose, subject another person to sexual contact and you do so for your own gratification for sexual desire as well as with the intent to degrade or abuse your target. The restriction set forth in this subsection is based on the requirement that this must occur on a bus, train, or subway car whose operation is authorized in New York.

Penalties and Sentencing

Forcible touching is classified as a Class A misdemeanor in New York. This means it is a serious offense, but not as severe as a felony. Penalties for a Class A misdemeanor can include up to one year in jail, probation, and/or fines. Additionally, a conviction could result in a permanent criminal record and potential registration as a sex offender.

How We Fight Forcible Touching Charges in New York

When defending against a charge of forcible touching under New York Penal Law § 130.52, several potential defenses could be considered. The effectiveness of these defenses will depend on the specifics of the case.

Common defenses include:

• Lack of Intent: To secure a conviction for forcible touching, the prosecution must prove that the touching was intentional. If you can demonstrate that any touching was accidental or that you did not intend for it to be sexual or degrading, this could be a strong defense.
• Consent: If the touching was consensual, it cannot be considered forcible. Demonstrating that the alleged victim consented to the touching or that there was a misunderstanding about consent could be a defense.

Examples and Recent Cases

Our office has defended individuals faced with forcible touching charges. Oftentimes, this charge is brought about when a stranger touches another in a public place such as a subway or a bar, especially where the touching takes place over the individual’s clothing.

We represented an individual who was charged with forcible touching after allegedly touching another in a crowded elevator. Upon a defense investigation, including the use of a private investigator and our independent retrieval of video surveillance, we were able to convince prosecutors to dismiss charges against our client due to insufficient evidence.

Your Defense Begins Today

Should you find yourself being prosecuted for forcible touching, it is imperative that you have an experienced defense lawyer to handle every aspect from start to finish. Our firm has defended against these charges in the past, achieving both pre-trial dismissals and trial acquittals by implementing and pursuing strategic and creative defenses. Contact The Law Offices of Jason Goldman today.