Penal Law 130.52
Under New York State law, a person is guilty of forcible touching when he or she intentionally and for no legitimate purpose, forcibly touches the sexual or other intimate parts of another person for the purpose of degrading or abusing such person or for the purpose of gratifying the actor’s sexual desires. If a person is found guilty of forcible touching, he or she will be charged with a Class A Misdemeanor.
Forcible touching occurs without a person’s consent when it results from any circumstance in which a person does not expressly or impliedly acquiesce to the actor’s conduct. Forcible touching includes squeezing, grabbing, pinching, rubbing, or other bodily contact involving the application of some level of pressure to the victim’s sexual or intimate parts. 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.
To be found guilty of this crime, the prosecution must be able to prove beyond a reasonable down three elements: (1) that on the date alleged the defendant forcibly touched the sexual or other intimate parts of complainant for the purpose of degrading or abusing him or her, or for the purpose of gratifying the defendant’s sexual desire; (2) the defendant did so intentionally and for no legitimate purpose; and (3) the defendant did so without the consent of complainant in that he or she did not expressly or impliedly agree to the defendant’s conduct.
For more information on Forcible Touching, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (212) 500-3273 today.
Russ Kofman is a founding partner in Lebedin Kofman LLP. He has extensive litigation experience defending clients accused of felonies, misdemeanors and DWI/ DUI crimes.