Facing Sexual Abuse 3rd Degree Charges in New York?

In New York, sexual abuse in the third degree is defined under Penal Law § 130.55. The law states that a person is guilty of this offense when they:

• Intentionally engage in sexual contact with another person,
• Without that person's consent.

Sexual contact includes any touching of the victim's intimate parts for the purpose of sexual gratification.

Penalties and Sentencing

Sexual abuse in the third degree is a class B misdemeanor. In New York, class B misdemeanors are punishable by a term of up to three months in jail and a fine of $500.

This charge can also result in sex offender registration, in cases where the victim is less than eighteen years of age or where the defendant has a prior conviction for a sex offense, a sexually violent offense, forcible touching or sexual abuse in the third degree or an attempt thereof even if registration was not required for the prior conviction; regardless of when the prior conviction occurred.

How We Fight 3rd Degree Sexual Abuse Charges in New York

Defending against third degree sexual abuse charges requires a case-specific approach to create a tailored strategy. Some classic defenses include focusing in on whether the alleged victim in fact consented to the contact, if he or she fabricated the incident and filed a false report due to some ulterior motive (money, favorable divorce terms, custody battles), or looking at if the defendant’s contact with the alleged victim was not made for the purposes of sexual gratification.

Additionally, § 130.55 contains an affirmative defense when the alleged victim was 14 or older, their lack of consent was based solely on the fact that they were under 17, and the defendant was less than five years older than the alleged victim at the time.

Examples and Recent Cases

The following are common examples of scenarios whereby sexual abuse in the third degree (and potentially more enhanced charges) will be brought:

• Unwanted Touching: A person intentionally touches another person's intimate parts without their consent, such as groping at a party.
• Coercion: An individual uses threats or intimidation to engage in unwanted sexual contact, like pressuring someone into a sexual situation against their will.
• Inappropriate Conduct: An adult engages in sexual contact with a minor, where the minor does not consent and is unable to understand the situation.
• Incidental Touching: A situation where one person, in a crowded space, touches another in a sexual manner without intent but is perceived as such, potentially leading to charges.
• Incapacitated Victim: If a person engages in sexual contact with someone who is incapacitated due to drugs or alcohol, it may also lead to charges of sexual abuse in the third degree.

Our office has handled sexual abuse in the third degree charges. One in recent matters, we successfully put forth a combination of both mitigating information as well as exculpatory evidence. In bringing these materials to the prosecutor together, we were able to secure a non-criminal disposition for our client (a violation or “disorderly conduct”). This did not require jail time nor sex offender registration.

Your Defense Begins Today

Should you find yourself being prosecuted for 3rd degree sexual abuse, 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.