Forcible Touching

Forcible touching refers to the squeezing, grabbing, or pinching of a person’s sexual or other intimate parts with the purpose of the perpetrator’s own sexual gratification or of humiliating the victim.

It is a Class A misdemeanor.

The Sex Offense

New York Penal Code § 130.52 refers to forcible touching as a Class A misdemeanor that may occur in public areas such as public transportation. But it can also pertain to incidents in private residences.

The law considers the following individuals as guilty of forcibly touching a victim intentionally and without legitimate purpose:

• Those who forcibly touch another person’s sexual or other intimate parts with the intention to degrade or abuse the victim, or with the intention to gratify their own sexual desire
• Those who subject another person to sexual contact in New York State-authorized public transportation with the intention of gratifying their own sexual desire and degrading or abusing the victim

The Consequences of Forcible Touching

Forcible touching is a Class A misdemeanor, meaning it may result in up to a year in jail for the perpetrator. But the prosecutor must first prove that there is a lack of consent before convicting the offender.

A judge may sentence a first time offender to probation or to less than a year in jail. For an offender who has been guilty of the same offense previously, however, the prosecutor may increase the charge to a Class E felony and request a judge sentence the offender to up to four years in jail.

Generally, charges are not valid if the perpetrator only touched the victim by accident and did not have the intention mentioned in the penal code.

The Statutes of Limitations

New York State features statutes of limitations that determine the duration with which a prosecutor can bring criminal charges against an individual.

In the case of forcible touching, you may file a legal case within two years of the date of the incident.

For individuals who are less than 18 years old at the time of the incident, the duration only starts once they turn 18 or once somebody has reported the incident to law enforcement.

As a former prosecutor in New York and now a defense attorney, I’m a formidable adversary who can tailor my services to your exact needs. I can offer professional legal services throughout your lawsuit — whether you are a victim of forcible touching or wrongfully accused of perpetrating it.

Call today for a free 15-minute consultation.