WHAT IS NY PENAL LAW 130.52: THE CRIME OF FORCIBLE TOUCHING?
You are guilty of forcible touching when you intentionally, and for no legitimate purpose, forcibly touch the sexual or other intimate parts of another person for the purpose of degrading or abusing such person or for the purpose of gratifying your sexual desire. It is also an element of this offense that the sexual act was committed without consent. Forcible touching takes place without a person’s consent when it results from any circumstances in which a person does not expressly or impliedly acquiesce to your conduct.
Lack of consent can also result from forcible compulsion or incapacity to consent (NY Penal Law 130.05 [2]). Intent means conscious objective or purpose. Thus, a person intentionally forcibly touches the sexual or other intimate parts of another person when that person’s conscious objective or purpose is to do so.
WHAT IS THE DEFINITION OF FORCIBLE TOUCHING?
“Forcible touching” includes squeezing, grabbing or pinching. NY Penal Law 130.00(3) defines “sexual contact” as any touching of the sexual or intimate parts of another person for your own sexual gratification. It is irrelevant if it is under or on top of the clothing. Ejaculation by a male upon another person is also considered “sexual contact.”
IS THE NECK CONSIDERED AN INTIMATE PART?
In People v Sene, 66 AD3d 427, 427-428 (1st Dept 2009) the court concluded “…that, under general societal norms, the neck qualifies as an intimate part because it is sufficiently personal or private that it would not be touched in the absence of a close relationship between the parties. Moreover, since ‘intimacy is a function of behavior and not merely anatomy,’ the manner and circumstances of the touching should also be considered, and we reject defendant’s argument that to do so would conflate the sexual gratification element with the issue of whether a body part is an intimate part. Here, defendant stripped naked, climbed onto the sleeping victim, and licked her neck. This conduct clearly fell within ‘the plain, natural meaning’ of the statute.”
What are the PENATIES AND PUNISHMENT FOR FORCIBLE TOUCHING NEW YORK PENAL LAW 130.52?
Forcible touching is a class “A” misdemeanor with a potential sentence of up to one year in jail.
Does a forcible touching conviction require me to register as a sex offender under the New York Sex Offender Registration Act (SORA)?
The New York Sex Offender Registration Act (SORA) mandates that defendants convicted of specified sex crimes and sex offenses register as sex offenders. If you are convicted of forcible touching NY PL 130.52 and your victim is less than eighteen years old or you have a certain criminal history, you will be required to register.
Recent NY Forcible Touching Cases
Penfield, N.Y. — A CDS Monarch bus driver is charged with inappropriately touching a passenger with developmental and intellectual disabilities. He is accused of groping a woman who is disabled and nonverbal over her clothes while she was riding in his bus. Another CDS employee who witnessed the incident reported it to Monroe County Sheriff deputies the next day. Defendant is charged with felony endangering the welfare of an incompetent or physically disabled person and misdemeanor forcible touching.
OLEAN, NY — New York State Police arrested a Pennsylvania man in connection with a report that a St. Bonaventure University student was fondled while walking on campus.. He was charged with forcible touching and endangering the welfare of a child. He had an infant in his vehicle during the time of the incident. The suspect grabbed intimate body parts of the female victim. He was arraigned in the Town of Allegany Court where an order of protection was issued.
Lafayette, NY — A priest in the Syracuse Catholic Diocese has been charged with forcibly touching a minor between 2019 and 2021 in the town of Homer and in the city of Cortland.
UTICA, NY – Utica Police arrested a man who inappropriately touched four different women. The suspect approached three females as they were walking from their vehicles to talk to them. While talking with the victims, he would grab them inappropriately. When the victims defended themselves, he ran away. He cornered a fourth victim in a Union Station elevator and forcibly touched her.. She was able to defend herself before he fled. Utica Police charged him with four counts of forcible touching.
Do I need an experienced NY sex crimes defense lawyer to defend me against forcible touching charges?
Call or text experienced Buffalo, NY criminal defense attorney Mike Ranzenhofer of Friedman & Ranzenhofer, PC at (716) 543-3764 if you are charged with a sex crime.