Under § 130.52 of New York law, a person is guilty of forcible touching when they intentionally and forcefully touches the sexual or intimate parts of another person for no reason or for the purpose of degrading such person or gratifying sexual desire. Forcible touching may include squeezing, grabbing or pinching.
Lack of consent is an important factor in a forcible touching case. To charge or convict a person of forcible touching, the prosecutor does not need to show physical force was used or that the victim was threatened. It is also not necessary for the prosecutor to show during the incident the victim did not have the capacity to consent. To convict a person of forcible touching, it is enough for the victim to testify that he or she did not consent to touching.
Forcible touching does not require penetration, but intentionally touching another person’s intimate parts without their consent. Intentionally means the touching was done consciously or purposely. Studies reveal that in most of forcible touching cases the accused is a relative or friend of the victim’s family.
Penalties for Forcible Touching in New York
Forcible touching is a sex crime and a Class A misdemeanor. Penalties may result in a jail sentence up to one year. It can also have consequences as one will have a criminal record and his/her name will be placed in the offender registry. Being convicted of forcible touching may also affect professional and personal relationships.
Contact New York Criminal Defense Attorney
If you have been arrested and charged with forcible touching, then contact a New York criminal defense attorney. Attorney Paul D. Petrus Jr. can help with his extensive experience in a variety of criminal areas. He works in federal and state courts. Whether you have been charged with a misdemeanor or the most complicated federal crime, Attorney Petrus will be prepared to represent you. Call 212-564-2440 for a consultation.